Constitution of the Fourth Adorian Republic

13th of April 2020
Preamble:
The people of Adoria hereby proclaim their decision to defend national independence, guarantee fundamental citizens' rights, establish the basic principles of democracy and ensure the primacy of a democratic state based on the rule of law, with respect for the will of the Adorian people and with a common goal of the construction of a country that is free and just. This document establishes the nation’s principles which all government action and legislation must adhere to. It is to always remain in place, including in times of war and will take the highest precedence over any action or law that has been, or will be enacted.

## Chapter I. (Fundamental Principles)

#### Article 1.

Adoria is a sovereign and secular multi-party Republic, based on the dignity of the human person and the will of the people who are committed to building a free and just society that embraces solidarity.

#### Article 2.

1. All of the rights on this document and the legislation enacted by (name of the legislature) are to be equally applied to all those who reside in Adoria.
2. All citizens possess the same social dignity and are equal before the law.
3. No one may be privileged, favored, prejudiced, deprived of any right or exempted from any duty for reasons of ancestry, sex, race, language, territory of origin, religion, political or ideological beliefs, education, economic situation, social circumstances or sexual orientation.

#### Article 3.

The Adorian Republic is a democratic state based on the rule of law, the sovereignty of the people, plural democratic expression and political organization, respect for and the guarantee of the effective implementation of the fundamental rights and freedoms, and the separation and interdependence of powers, with a view to achieving economic, social and cultural democracy and deepening participatory Democracy.

#### Article 4.

The state is subject to the Constitution and is based on democratic legality.

#### Article 5.

1. The people exercise political power by means of universal, equal, direct, secret and periodic suffrage, referendum and the other forms provided for in the Constitution.
2. Political parties exist in order to contribute to the organization and expression of the will of the people, with respect for the principles of national independence, the unity of the state and political democracy.

#### Article 6.

Born human life is inviolable and in no case shall there thus be a death penalty.

#### Article 7.

A citizen of Adoria may not be forcibly exiled from Adoria nor deprived of citizenship, nor extradited to another state, except in case of execution of a decision on extradition or surrender made in compliance with international treaties.

#### Article 8.

Every persons moral and physical integrity is inviolable, therefore no one may be subject to torture or to cruel, degrading or inhumane treatment or punishment, which are any acts by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from them, or a third person, information or a confession, punishing them for an act they or a third person has committed or is suspected of having committed, or intimidating or coercing them or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

#### Article 9.

Everyone has the right to freedom and security, no one may be wholly or partially deprived of their freedom, except as a consequence of a judicial conviction and a sentence imposed for the practice of an act that is legally punishable by a prison term or the judicial imposition of a security measure.

### Article 10.

No one may be sentenced under the criminal law unless the action or omission in question is punishable under a pre-existing law.

#### Article 11.

Everyone has the right to form a family and to marry under the conditions of full equality once reaching the age of eighteen. The law shall regulate the requisites for and the effects of marriage and it’s dissolution by death or divorce, regardless of the form in which it was entered into.

#### Article 12.

Everyone has the right to freely express and divulge their thoughts in words, images or by any other means, as well as the right to inform others, inform themselves and be informed without hindrance or discrimination. Circumstances under which this does not apply are when one wishes to set a certain language for which official documents must be written in.

#### Article 14.

Citizens shall possess the right to freely associate with one another without requiring any authorisation, on condition that such associations are not intended to promote violence and their purposes are not contrary to the criminal law. Associations shall pursue their purposes freely and without interference from the public authorities and shall not be dissolved by the state or have their activities suspended, except in such cases as the law may provide for and then only by judicial order.

#### Article 15.

Everyone shall be guaranteed the right to private property and to the transmission thereof in life or upon death. Requisitions and expropriations of property in the public interest shall only occur within due process of the law and upon payment of just compensation. What is considered to be private property may be laid down by act of the national assembly.

#### Article 16.

Citizens have the right to bear firearms. Regulations and limitations of this will be laid down by act of the National Assembly.

#### Article 17.

The freedom to conscience, of religion and of form of worship shall not be infringed upon by the State of Adoria. The State of Adoria shall not make legislation under any pretext, regulating, encouraging or limiting any form of worship, such as but not limited to; the establishment of an official state religion, the promotion of any religion above another, or forbidding the worship of any religion in preference for another.

#### Article 18.

There shall be freedom of intellectual, artistic and scientific creation.

#### Article 19.

Citizens have the right to meet peacefully, even in places that are open to the public, without the need for any authorization unless by Act of the National Assembly in the interest of public order.

#### Article 20.

Every citizen has the right to take part in political life and the direction of the country’s public affairs, either directly or via freely elected representatives.

#### Article 21.

Political power lies with the people and shall be exercised in accordance with the Constitution.

#### Article 22.

1. Upon a proposal submitted by the Assembly of the Republic or the Government in relation to matters that fall within their respective competences, in the cases provided for and as laid down in the Constitution and the law, the President of the Republic may decide to call upon citizens who are registered to vote in Adorian territory to directly and bindingly pronounce themselves by referendum.
2. Referenda may also result from the submission by citizens of an initiative to the Assembly of the Republic. Such initiatives shall be submitted and considered under the terms and within the time limits laid down by law.

#### Article 23.

Political officeholders are politically, civilly and criminally liable for their actions and omissions in the exercise of their functions.

## Chapter II. (President of the Republic)

#### Article 25.

The President of the Republic shall be elected for a term of two terms of government by direct universal suffrage, with elections starting two days prior to every second national election. To be eligible to run for presidency, one must have at least ten signatures supporting their candidacy for president, and a candidate for Vice President. No President may carry out more than two consecutive terms of office. The President can either be removed by impeachment or a vote of the Supreme Court where five out of seven vote in favour of removal. They may also not hold any other office while President.

#### Article 26.

The President of the Republic shall be elected by an absolute majority of votes cast. If such a majority is not obtained on the first ballot, a second ballot shall take place on the day thereafter. Only the two candidates polling the greatest number of votes in the first ballot, after any withdrawal of better placed candidates, may stand in the second ballot.

#### Article 27.

If the President of the Republic:

* is unable to perform his functions temporarily or for the rest of the term;
* has been impeached and removed from office;
* has resigned;

the Vice President is designated as President, and must designate a new Vice President.

#### Article 28.

Powers of the president;

1. Appoint the Prime Minister of the Republic after a governing coalition has been formed from newly elected parties. A governing coalition will require consent from all parties involved in order to be valid, as well as the allocation of cabinet positions to the correct parties, with the prime minister being specifically named. The coalition must have a majority of seats. However, if a majority government has not been formed three days since the election concluded, a minority government may form. There will be a grace period of twenty four hours for the largest coalition to be presented to the president, after which their prime minister will be appointed by the president, as per the cabinet that has been submitted.
2. Call a motion of no confidence against the government which passes a simple vote.
3. Co-chair the Council of Ministers with the Prime Minister.
4. Dissolve the legislative bodies at the request of the Speaker of the National Assembly and the Prime Minister.
5. Chair the National Defense Council with the Minister of Defense as the Vice-Chair of this council.
6. To exercise the functions of the Commander-in-Chief of the Armed Forces.
7. To enact laws, executive laws, and regulatory decrees and order their publication and to sign both regulations of the National Assembly and international agreements and the decrees from the Government.
8. To submit important issues of national interest, as laid down in Article 18.
9. To declare a state of siege or a state of emergency.
10. After first consulting the Government, to grant remissions of sentence and commute sentences. The National Assembly may overrule remissions and commutes of sentences with a two-thirds majority.
11. To ask the Supreme Court to undertake a prior review of the constitutionality of the norms contained in laws and executive laws and international conventions.
12. To ask the Supreme Court to declare whether legal norms are unconstitutional and verify the existence of unconstitutionality by omission.
13. To confer decorations in accordance with the law, and to exercise the function of Grand Master of Adoria’s honorary orders.
14. Return laws for a second vote to the National Assembly which then need to pass a 3/5 plurality vote.

#### Article 29.

The acting President of the Republic may only undertake any of the acts provided in article 29(2), (3), (5), (6), (7), (9), (11), and (15) after first consulting the Supreme court in a closed session.

## Chapter III. (The National Assembly)

#### Article 30.

The National Assembly is the entity that represents all Adorian citizens and is elected every two weeks on the saturday before their term is up.

#### Article 31.

The National Assembly shall have a minimum of twenty-five and a maximum of one hundred members, as laid down by electoral law. The threshold for an independent will be a minimum of one seat. The threshold for parties may range from zero percent up to ten percent and will be determined by the election commission.

#### Article 32.

The members of the National Assembly shall be elected using Party-list proportional representation using the modified D'Hondt method.

#### Article 33.

Nominations are submitted by the political party leadership or independents to the election commission.

#### Article 34.

Powers of members of the National Assembly

1. To submit draft revisions of the Constitution.
2. To submit Member’s bills, draft Rules of Procedure, draft resolutions, particularly in relation to referenda, and draft decisions, and to request that they are scheduled for debate.
3. To take part and speak in parliamentary debates, as laid down in the Rules of Procedure.
4. To question the Government about any of its acts or those of the Public Administration, and to obtain answers within a reasonable time limit, save for the provisions of the law on matters concerning state secrets.
5. To request and obtain the elements, information and official publications they deem useful to the exercise of their mandate from the Government or the organs of any public entity.

#### Article 35.

Members of the National Assembly are not civilly or criminally liable for or subject to disciplinary proceedings in relation to their votes or the opinions they express in the exercise of their functions.

#### Article 36.

Members of the Assembly of the Republic shall lose their seat in the event that:

1. They become subject to any of the disqualifications or incompatibilities provided for by law.
2. They do not take up their seat in the Assembly, or they exceed the number of failures to attend laid down in the Rules of Procedure.
3. They register as members of a party other than that for which they stood for election, or register as an independent. In this case, they may keep their seat if the leadership of their former party allows them to.
4. They are convicted by a court of any of the special crimes for which political officeholders may be held liable, which they commit in the exercise of their functions and for which they are sentenced to such loss.
5. Members of the Assembly of the Republic may resign their seat by means of a written declaration to the President of the Republic.

#### Article 37.

The Vice President of the Republic is the Speaker of the National Assembly.

#### Article 38.

Powers of the Speaker of the National Assembly

1. Posting the bills in the voting chamber.
2. Organising debates at the request of the Members of the National Assembly.
3. Temporarily removing members from the National Assembly if they are out of order.

## Chapter IV. (National Government)

#### Article 39.

The Government is the entity that conducts the country’s general policy and is the senior organ of public administration.

#### Article 40.

1. The Government comprises the Prime Minister, the Ministers, and the Secretaries.
2. The Government will include one or more Deputy Prime Ministers.
3. The number, designation, and responsibilities of the ministries and secretary offices and the forms of coordination between them shall be decided in each case by the decree appointing the respective officeholders, or by executive law.
4. The Prime Minister may not hold any other office than that of Prime Minister and Member of Parliament while in office.

#### Article 41.

The Council of Ministers comprises the President of the Republic, the Prime Minister, the Deputy Prime Ministers, and the Ministers. Secretaries may be required to take part in meetings of the Council of Ministers.

#### Article 42.

During his absence or inability to perform his functions, each Minister shall be substituted by the Secretary in his department, or, in the absence of such a position, by the member of the Government designated by the Prime Minister.

#### Article 43.

The Government’s Programme shall set out the main political guidelines and the measures that are to be adopted or proposed in the various areas of governmental activity.

#### Article 44.

The Government is accountable to the President of the Republic and the National Assembly.

## Chapter V. (Judicial)

#### Article 45.

The Supreme court shall have seven justices on its bench, six justices, and one Chief Justice. The President together with the Prime Minister puts forward these justices to sit on the courts, they must pass the National Assembly with a simple majority. This will be the highest court in the country and thus it’s ruling cannot be overruled or appealed, unless an associate justice wishes to re-open the case. It will hear cases on the constitutionality of laws, actions of the executive branch, appeals of the lower courts as well as handle all electoral cases. The length of a Justice's terms is that of the President of the Republic. In order to be Chief Justice one must have served at least one full term on the High Court or Supreme Court.

#### Article 46.

Court hearings are public, save when, in order to safeguard personal dignity or public morals or to ensure its own normal operation, the court itself decides otherwise in a written order that sets out the grounds for its decision.

#### Article 47.

The law shall ensure that lawyers enjoy the immunities needed to exercise their mandates and shall regulate legal representation as an element that is essential to the administration of justice.

## Chapter VI. (Provincial Government)

#### Article 48.

Provincial Governments are headed by a governor and are to be using direct democracy for local issues. They shall be elected as outlined in Article 26 and are required to announce all actions they make as governor, as well as all bills that are passed in their province. Their term is two weeks and they are elected on the Monday before their term ends.

#### Article 49.

Each province will have a vice governor who must be assigned within forty-eight hours after gubernatorial elections have concluded. They will assume the position of governor if the elected governor is absent for more than forty-eight hours. What qualifies as “absent” will be determined by the election commission. If the governor does not return within twenty-four hours after the vice governor has assumed their position, snap elections will be held for the province as soon as it is convenient for the election commission to do so. How vice governors are put into their position will be up to the discretion of the governor.

#### Article 50.

If a governor wishes to do so, they may establish an advisory committee to assist with local legislation. How the committee is established is up to the discretion of the governor.

#### Article 51.

The Provinces will have extended autonomy and may set a law unless a federal law is already in place on the subject. However, if a federal law is already in place, they may set a law under the condition that it falls under article 52. The following subjects are limited to the national legislative body;

1. Inter-provincial transport
2. Taxation
3. Defence
4. Foreign affairs
5. Elections
6. Citizenship, naturalization, and aliens
7. Prison
8. National Criminal Law
9. Intelligence collection
10. Federal Police
11. Currency, coinage and legal tender; foreign exchange
12. Trade and Commerce
13. Banking
14. Insurance
15. The Supreme Court and the High Court

#### Article 52.

Both the Federal Government and Provinces will have jurisdiction over the following subjects;

1. Eduction
2. Healthcare
3. Airways; aircraft, and air navigation.
4. Posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication
5. Economic and Social planning
6. City planning
7. Local infrastructure
8. Construction and maintenance of cultural sites
9. Emergency services
10. Waste management
11. Protection of wildlife and nature
12. Charitable institutions, religious endowments, and religious institutions
13. Transfer of property
14. Preventive detention for reasons connected with the security of a state, the maintenance of public order, or the maintenance of supplies and services essential to the community
15. Administrators of justice; constitution and organization of all courts, except the Supreme Court and the High Court
16. Trade unions; industrial and labour disputes
17. Relief and rehabilitation of persons
18. Vital data, including registration of births and deaths
19. Preventing and containment of infectious or contagious diseases or pests affecting people, animals or plants

## Chapter VII. (Other)

#### Article 53.

Changes to this document need to pass a 2/3 majority twice in the National Assembly. The second vote will be three days after the first vote. Replacement of it will need to pass a 2/3 majority on a referendum.

#### Article 54.

The National Assembly shall have the sole power of Impeachment. An impeachment inquiry can be started by 3 members of the National Assembly. After an inquiry is started a trial will be held in the National Assembly with the Chief Justice and Speaker of the National Assembly presiding over the trial. For the impeachment inquiry to pass it will need a 2/3 majority of the vote to pass. If the inquiry passes the public official will be impeached. Punishment for Impeachment is removal from Office and a set period of time where the person being impeached will not be allowed to hold any public office for 4 weeks.

Grounds for Impeachment are the following: Treason, bribery, abuse or violation of some public trust, misconduct of public service, misdemeanor. The term "civil officer" also applies to Presidents, Members of the National Assembly, Ministers, Secretaries, Governors and civil servants. No government body can pardon an impeached official, nor can it be appealed.