Constitution of the Republic

### Article One: The State, Characteristics, Official Language, flag, and religion.

1.1: The state is to be a Semi-Presidential Parliamentary Republic, characterised by a democratic and secular nation State governed by the rule of law; bearing in mind the concepts of public peace, national solidarity and justice; respecting human rights, and loyal to the nationalism of Ayken Lovewater.

1.2: The official language is Fanahrian.

1.3: The flag is the blue strips on a white field.

1.4: The state has no religion.

1.5: The capital city of the Republic is Pedranier.

1.6: The parliament of the Republic will be given all legislative powers, and they will be confined to only this.

1.7: The President of the Republic must be democratically elected in fair elections; will have executive powers but may not repeal legislative acts that Parliament wields.

1.8: Neither the President nor any Member of Parliament may wield Judiciary power whilst in office.

1.9: Therefore, Parliament may only exercise leglisative power and not executive or judiciary power; the democratically elected President may only exercise executive power and not leglisative or judiciary power, and the supreme court may only exercise judiciary power and not leglislative or executive power.

### Article Two: Irreversible Condition

2.1: Article I and Article II cannot be removed from the constitution.

2.2: Neither can Article I or Article II ammendment be proposed.

### Article III: Human and Civic Rights

3.1: No human being in the Fanahrian Republic shall be punished without fair trial. The President, whomever that may be, will gaurantee the saftey of the defendants, no matter the severity of crime and amount of evidence. The defendant under no circumstance will be coerced to be plead guilty against their own accord. Defendants will be given the right to find witnesses, obtain their own evidence, and given support by the state. The state will protect the witnesses as well.

3.2: No citizen of the Fanahrian Republic shall propose to change the state religion. The state shall remain secular. The state must protect members of all religious groups. Violent actions based on religion shall not be considered protectable by the state, and they will no longer be supported by the state.

3.3: All citizens that belong to the Fanahrian Republic will be treated equally regardless of their religion, ethnic group, or sex. The President and Parliament Members will acknowledge that the Republic is a nation state, based on unity through nationality.

3.4: All citizens will be given the right to freedom of speech, to voice their opinions, and the state will guarantee the safety and national protection of all individuals. The state will not prosecute people for their opinions, unless they directly threaten the lives of people by advocating violence.

3.5: The state will not violate the right to property. Each citizen and resident of Fanahria will be not be denied a roof over their heads. They shall not be removed from their property unless court order permits it so.

3.6: The state will ensure no human being is given unjust, harsh, and inhumane punishments. The state will uphold the laws regarding fair punishment, and will not sponsor torture, corporal punishment, or repulsive treatment of prisoners in prison.

3.7: No future state of Fanahria will be allowed to ammend these guarantees to their people.

### Article Four: Elections

4.1: The elections held within the border will be fair, free, and democratic. Voters will be given full autonomy to anonymously vote their choice.

4.2: Only citizens of the country may vote in the elections.

4.3: There will be an election for parliamentary parties and an election for the President. Both of these elections will be decided by the citizens of the country.

4.4: Elections shall be held every 30 days, unless parliament vote for snap elections.

4.5: The Supreme Court may reject the right for snap elections if it deems fit.

#### Delaying Elections

4.6: Elections can only be postponed to be delayed during the event of war, national crisis, or state of emergency.

4.7: Parliament must first accept the notion to postpone the elections.

4.8: The Supreme Court must then give permission to postpone the elections.

4.9: Only when the Supreme Court gives permission, may the President execute the power to postpone elections.

4.10: Elections can only be postponed for five more days, until which another request to postpone elections must be made.

#### THE HOUSE OF REPRESENTATIVES

4.11: The election for the House of Representatives will use the proportional representation system.

4.12: The election threshold to enter the House of Representatives will be 3% for individual parties, or 7.5% for coaltion members of two or more parties.

4.13: In order for a party to run for the House of Representatives, it must satisfy all criteria of the Party Approval Act; must then be accepted to run by the supreme court; must publish their manifesto within a week of reporting the establishment of the party; must not be a satirical party, and must pledge to never change the first three articles of the consitution. Failure to pass one of these criteria will mean the party will not be about to run.

#### PRESIDENTIAL ELECTIONS

4.14: The election for the president will be done alongside party voting.

4.15: To achieve the seat of President, the Presidential candidate must secure greater than 50.00% of the people's vote. If in the first round of elections, the Presidential candidates fail to win more than 50% of the votes, the elections will go into a second round three days later. The winner of this election will become the next President.

4.16: If a Presidential candidate withdraws from the race between the 1st and 2nd round, the other candidate will win.

4.17: There are only two term limits to the Presidency. Prime Minister roles do not have any term limits.

#### REFERENDUMS

4.18: Referendums may be proposed by the President at anytime.

4.19: However, no referendum is legally binding until the House of Representatives passes leglisation to make it so.

4.20: The President therefore cannot carry out executive function without the referendum being legally binding.

### Parliament

5.1: Parliament is called the House of Representatives.

5.2: The House of Representatives will have a total of 400 seats.

5.3: A majority government is reached, when one Prime Ministerial Candidate reaches the consent of 201 of 400 members of parliament. That is equal to or greater than two hundred and one MPs.

5.4: A minority government is defined when the largest party secures less than 201 seats out of 400. This means lesser than or equal to two hundred. In this case, coalitions are mandatory. The coalition must surpass the 201 seat treshold to successfully form the leglislative government.

5.5: If there is a failure to achieve a majority within the House of Representatives by not meeting article 5.4, then elections will be reheld two days later. The President will be confirmed as the new President if he or she meets the greater than 50% threshold.

5.6: The Speaker of the House of Representatives will have the right to suspend any politican from parliament for repeated insults, misinformation, and violation of the rules of procedure until the next election.

#### BILLS AND VOTING

5.7: Only members of parliaments may vote on a bill. Members of Parliament may vote to abstain; may vote to yay, or may vote to nay.

5.8: The President cannot reject bills outright, but may send it for revision again to Parliament. If the Parliament responds with 2/3rd of the vote, the Presidency may take the matter to the Supreme Court or must sign the legislation.

5.9: The Supreme Court have the right to reject bills if they violate the constitution. Regardless of the President's or Parliament's decision.

5.10: All parties elected into parliament have the right to propose bills. However, bills must be written by the Prime Minister and his cabinet. Bills must be written, and submitted to the speaker of the parliament (owner account), and a vote will be held on the owner account. The results will then be shared to the President who has the right to approve the bill or press with the process outlined by article 5.8.

5.11: If the President fails to respond to a bill within 48 hours of the bill being declared passed, the bill willl be considered vetoed.

#### **OPPOSITION PARTY LEGISLATION PROCEDURE**

5.12: On tuesdays and thursdays, all parties in the HoR may suggest legislative items.

5.13: Opposition Party Legislations first go through the Prime Minister, who can use a PM Veto to cancel the bill.

5.14: If deemed appropriate, the shadow PM, who is the leader of the party with the largest amount of votes and is not part of the coalition (I.E. the main opposition), may issue a counter veto vote.

5.15: A counter veto vote only allows all members of the HoR who are not part of the coalition to have a say. This means the Prime Minister's party and their allies cannot vote in this procedure.

5.16: If the counter veto receives the backing of at least 75% of opposition seats, than the Prime Minister's veto is overturned and the legislation is put up for the entire HoR to vote; from there it will follow the same procedure as any normal legislation.

### Article Six: The role of the Supreme Court

6.1: The Supreme Court has the right to ban political parties that violate law and order; ban political parties that violate the constitution, and expell its members from parliament and political life for good.

### Article Seven: The Role of the High Table

7.1: The High Table is the cabinet that is formed.

7.2: It is to be made up by the President, the Prime Minister, Deputy Prime Minister, the Minister of Internal Affairs, the Minister of Defence, the Minister of Finance, the Minister of Health, the Minister of Education, the minister of Foreign Affairs, the Minister of Energy and Environmental Afffairs, Minister of Culture, and the Minister of Transport and Infrastructure.

#### PRESIDENT ROLE

7.3: The President becomes the head of state.

7.4: He or she will have no say on the cabinet that is formed by the Prime Minister of the high table.

7.5: Must accept the vote of the people, and accept the Prime Minister, regardless of any political differences.

7.6: The President cannot assume any further powers than he or she is given.

7.7: The President must suspend parliament and establish an interim government to call parliamentary elections within 3 days only in the following cases:

1. A vote of no confidence is passed and approved (discussed in Article 8).
2. The government fails to pass bills within parliament on three repeated occasions.

7.8: The President has no authority to suspend parliament other than this.

7.9: The President is the commander in chief during times of peace. Therefore, is allowed to declare war with the support of 75% of the House of Representatives. That is greater than or equal to three hundred MPs.

7.10: The President will no longer be the commander in chief during times of war, and surrender that position to the Chief of Military Staff.

7.11: The President may declare war in the event Fanahrian territorial integrity or the lives of Fanahrian citizens face peril due to a strike against them. Otherwise, the President must have the support of Parliament to declare war first.

#### PRIME MINISTER ROLE

7.11: The Prime Minister is the head of government.

7.12: They will have all right in autonomously forming a coalition government, choosing their own High Table members, and will do so without interference by the President. The exception to this rule is if the Prime Minister asks the President on council.

7.13: The Prime Minister can only form the government once all cabinet ministers listed in article 7.2 is satisfied and at least 201 seats, with or without a coalition, is achieved.

7.14: Cannot sack a cabinet minister without informing the President and the House of Representatives first.

7.15: A failure to form a government within 3 days of the vote concluding, will give powers to the President to form a temporary interim government of his or her choosing. Parliamentary votes must be held within 3 days.

7.16: If the Prime Minister resigns from office, it will be assumed that all of his cabinet also resigns. Therefore, the deputy Prime Minister will become the new Prime Minister, and will have three days to form a new government. A failure to form the new government in three days will result in article 7.15 being triggered.

7.17: A resignation of any Minister of the High Table will be deemed to be an individual process. Therefore, the Prime Minister will be allowed to form a new government.

### ARTICLE EIGHT: VOTE OF NO CONFIDENCE

8.1: Article 8 gives the right for the Members of Parliament to pass a no confidence vote. To meet this criteria, 1 in every 5 Members of parliament must agree to this. This means at least 80 Members of Parliament may issue their signatures to the Supreme Court.

8.2: If the Supreme Court approves, a vote of no confidence is issued.

8.3: More than 50% of the Houses of Representatives must vote for the no-confidence option in order for this to be in effect.

8.4: If passed, the Prime Minister must immediately resign his or her position and the President is given the right to form an interim government of his or her choosing, as said in article 7.15.

### Article Nine: Emergency Procedure and the Enabling Acct

9.1: The President has the right to declare emergency enabling acts that give them temporary powers to enact laws without the approval of Parliament.

9.2: To start the Emergency Procedure, an enabling act can only be performed if at least one of the following criteria is met:

1. War - another nation or rogue group has declared war on the nation; is at high risk of preemptively striking the nation to start a war; or will use weapons of mass destruction against the nation.
2. Natural Disaster - in the event of a natural disater or any scale.
3. Public Health or Safety Crisis: a pandemic, epidemic, uncontrolled public safety crisis.
4. Devestating terrorist attack such the scale of September 11th 2001.
5. Failure of essential infrastructure - the energy sector, the health sector, or basic transportation failure.

9.3: To pass the enabling act, 2/3rd of parliament must agree. That is greater than or equal to 266 Members of Parliament.

9.4: Both the endorsers and the opposers of the enabling act have a right to propose their case to the Supreme Court. In which case, the Supreme Court will assume the ability to overrule either Parliament or the President.

9.5: During the state of emergency, the President will be allowed to:

1. Restrict gatherings and enforce curfews
2. Declare martial law
3. Regulate the press
4. Enforce quaratine
5. Increase powers to the police and gendarmerie
6. Restrict movement within the country
7. Delay all elections
8. Increase fines and punishment
9. Prevent workers from going to work

9.6: During the state of emergency, the President will not be allowed to:

1. Ban political parties
2. Mistreat the people
3. Reject the Supreme Court's decision to end the state of emergancy
4. Misuse his or her powers
5. Violate people based on their race, ethnic background, religion, and sex
6. Change the first three articles of the constitution

9.7: The Prime Minister will step down until the state of emergency is over, after which he or she will be able to resume their tenure.

### Article 10: Deployment of Fanahria's Nuclear Arsenal

10.1: The President is the only one who is allowed to press the launch button.

10.2: However, President must have the support of the Chief of Military Staff or Prime Minister to launch.

10.3: Fanahrian policy must be met: nuclear weapons are to only be used when diplomacy and all other conventional means is no longer an option to protect the life of the Fanahrian nation; prevent the usage of deadly force against Fanahrian citizens, or prevent the destruction of the country itself.

10.4: Fanahrian nuclear capabilities are to be used strategically only: to destroy the enemy's ability to devestate Fanahria. Nuclear weapons are to never be targeted discriminately against civilian populations.

10.5: There must always be at least one Spearhead Class Submarine on patrol at all times, ready to respond to orders to launch Fanahria's nuclear arsenal.

### Article 11: **Interregnum Law**

11.1: The HoR will be able to propose and pass laws up to one day before the end of elections. Voting of laws that were proposed before the commencement of that defined period may still take place, but not the proposition of new law.

11.2: When elections have begun, the previous HoR will be dissolved; members of the HoR will not be able to propose new laws, vote on new legislation, and pass new bills.

11.3: The Prime Minister, the Cabinet, and the President of Fanahria will retain their charges until they are sworn back into office or replaced. During this time they’ll be considered to be ‘incumbent’ and their task will be the protection of the democratic process and the nation while the elections and subsequent formation of government take place. They will officially retain their powers but only for the protection of the nation (E.g. the President will continue to represent the nation for the time being, and could take decisions regarding national security and retain control over Fanahria's nuclear arsenal, as per article 10).

#### ROLE OF THE Fanahrian Great Provisional Administrative Council

11.4: The Fanahrian Great Provisional Administrative Council (FGPAC) will be assembled to manage the country during the interregnum period.

11.5: The FGPAC will be in charge of voting any emergency procedure that may need to be undertaken during the interregnum period such as the declaration of war or of a national emergency, always respecting the constitution of the Fanahrian Republic of Stonespring. The President will sign these procedures as normal.

11.6: The FGPAC will be formed by 5 representatives, one choosen spokesman of each of the fifth biggest parties (by the number of seats) represented in the HoR. Extra-parliamentary representatives may attend meetings of the council but only to ensure that the constitution is followed. In the event there are not 5 parties within the parliament, an extra-parliamentary representative of the biggest extra-parliamentary party (by number of votes) or representatives chosen by the Supreme Court will join the FGPAC.

11.7: If, during the interregnum period, the FGPAC deems that the President or any executive position might be acting against the democratic process, they can vote, needing the approval of 3 of the 5 representatives. The case will then be put forward to the Supreme Court. If the Supreme Court of the Republic deems it necessary, the person will be removed from office by the FGPAC. The FGPAC will then assume the role of President until the next Presidential election.

11.8: The Supreme Court will be in charge of moderation, and may ask for the partial or total replacement of the FGPAC’s composition if they deem it, some or all the members of the PAC to be acting against the constitution of the Fanahrian Republic of Stonespring.

11.9: The FGPAC is to be dissolved within the hour that HoR members are sworn in to the new Parliament and the new High Table has been formed.

11.10: It is against the law to suggest the removal or ammendment of article 11 of the constitution of the Republic.