“The Star of the South Sea”
|Category: Civil Rights Lovefest|
Regional Influence: Squire
Location: the South Pacific
WHEREAS the people seek justice, liberty and democracy for eternity;
WHEREAS the people seek prosperity and collective security;
WHEREAS the people seek equality of opportunity;
WHEREAS the people seek to create a nation that follows their values;
NOW, THEREFORE the people of the Republic of Dasko shall establish this Constitution to guarantee a strong Republic for their posterity.
Dasko shall henceforth be a Republic.
The Republic shall uphold the fundamental freedoms listed in the Charter of Rights.
The Government of the Republic shall be secular.
The Government shall work to preserve the values of the Republic from foreign and domestic adversaries.
The provinces of the Republic shall constitute an inseparable part thereof.
All legislative powers shall be vested into a Parliament comprised of a Senate and a House of Representatives.
Parliament shall sit two weeks after an election; it shall not sit the first Monday of July until the first Tuesday of September; and it must sit for at least four months, but no more than nine months.
Parliament may declare further periods when it shall not sit through legislation.
Parliament may hold an extraordinary session, provided that a majority of members in both the House of Representatives and Senate approve.
The partisan composition of Parliament shall not change between elections.
Members of Parliament shall be compensated for their work determined by an independent committee.
Members of Parliament shall be privileged from arrest during the legislative session, except for treason or a felony.
Members of Parliament must have Daskan citizenship.
No Member of Parliament shall have been convicted of a felony or treason.
The Senate shall consist of 100 Senators.
The Senate shall have a quorum of 60 Senators to conduct business.
Senators shall select a President of the Senate and Officers through a majority vote to preside thereover.
The President of the Senate may not vote to create a tie.
The Senate shall have the sole power to convict public officials by trial and remove them from office. All Senators must be present to conduct proceedings, and two-thirds of the Senators must concur to convict a public official and remove them from office.
Senators shall be elected every six years.
No Senator shall be younger than 30 years when elected.
No Senator shall have resided in the Republic for under five years when elected.
The House of Representatives shall consist of at least 500 Representatives.
A majority of Representatives must be present to conduct the business of the House of Representatives.
Representatives shall immediately select a Speaker of the House of Representatives and Officers through a majority vote to preside thereover.
All federal budgets must originate from the House of Representatives.
The House of Representatives shall have the sole power to impeach public officials, whereby all Representatives must be present to conduct proceedings and two-thirds of the Representatives must concur to impeach a public official.
All Representatives shall be elected every two years.
No Representative shall be younger than 20 years when elected.
No Representative shall have resided in the Republic for under three years when elected.
Parliament, within the limits of this Constitution, shall have the ability to adopt a broad variety of laws, that shall take precedence over provincial legislation.
Parliament shall have the power to:
Levy and collect taxes and duties;
Spend the revenue in the form of a Budget or Emergency Resolution that shall be used for no longer than one year;
Borrow on the Public Credit and repay the debts of the Republic;
Acquire, sell and manage state assets;
Regulate commerce, trade, bankruptcy and insolvency;
Determine interest through an independent Central Bank;
Coin money and establish its value;
Compile statistics regarding the population of the Republic;
Create a system of federal Courts that shall administer justice;
Defend the Republic without abridging the Charter of Rights or this Constitution;
Issue paper money, and declare it legal tender;
Enumerate the population through a quadrennial Census;
Establish a fixed system of measurement for the Republic;
Establish a naturalization process, and immigration;
Establish punishments for crimes committed within the jurisdiction of the Republic, against other people, the Republic and its allies;
Establish independent commissions that shall not exceed the power of Parliament to advise it or perform nonpartisan actions as defined by law;
Establish and maintain a social welfare program and federal penitentiaries;
Maintain or create a Military, Militia, Navy and Aerial Forces;
Maintain a Postal Service;
Manage navigation and shipping;
Manage federal lands and create offices to manage them;
Promote the useful Arts and Sciences by issuing Copyrights and Patents for a limited time;
Establish laws that allow for the proper execution of this Constitution.
Powers not delegated to Parliament shall be delegated to the provincial legislatures. For clarity, they shall be listed as to:
Levy and collect provincial taxes for revenue within the province; and
Borrow money on the Credit of the province and repay the debt of the province;
Establish the provincial offices, appointment and pay thereof;
Manage provincial lands and create offices to manage them;
Establish and manage primary and secondary schools;
Manage the natural resources within the province;
Manage hospitals, clinics and asylums;
Manage local institutions;
Distribute business licenses for the profit of the province;
Maintain provincial prisons and reformatories;
Administer justice within the province in accordance to this Constitution, the provincial constitution and civil and criminal code;
Impose fines and penalties to enforce provincial law;
Determine property and civil rights within the province; and
Manage Provincial Corporations.
Parliament shall not pass laws that shall endanger the sanctity of the Republic, hereinafter listed as to;
Pass a Bill of Attainder or laws with similar intention with retroactive effect;
Suspend the habeas corpus;
Levy a tax that disenfranchises the citizens of the Republic;
Favor or disfavor a province in any way;
Spend money without a federal budget; and
Grant titles of nobility.
No province shall pass laws that shall compromise the unity of the Republic, hereinafter listed as to;
Adopt legislation that Parliament may not pass;
Adopt legislation that contravenes federal law;
Enter into a treaty, confederation, or alliance;
Issue money and legal tender;
Levy tariffs or duties on foreign products;
Maintain a military force, except at the request of Parliament;
Shelter fugitives wanted by another province or Parliament;
Establish diplomatic relations with foreign nations; and
Declare war on a foreign nation.
All executive power shall be vested into a Prime Minister and Cabinet.
The Prime Minister shall be the head of the Government and shall direct the actions of the Government.
The Prime Minister shall appoint Members of Cabinet, hereinafter Ministers.
The Prime Minister and Ministers shall have unrestricted access to information that would otherwise be unavailable to Members of Parliament.
The Prime Minister and Ministers shall be compensated for their work at a level greater than Members of Parliament determined by an independent commission.
The Prime Minister must be a Representative from the House of Representatives.
The Prime Minister must be approved by a majority in the House of Representatives.
The Prime Minister may not be impeached.
The Prime Minister must resign if Parliament loses confidence in their Government.
The Prime Minister shall declare their affirmation to defend the Constitution of the Republic and the Republic, and faithfully execute their office before assuming the premiership.
Ministers must be Members of Parliament.
Ministers shall comprise the Ministry of the Republic, chaired by the Prime Minister.
Ministers shall be responsible for their respective Ministry.
Ministers, from time to time, shall provide an update to the status of their respective Ministry.
Ministers may be removed from office upon impeachment or conviction for bribery, treason, sedition or other high crimes.
The President of the Republic, hereinafter the President, is the head of state of the Republic and Commander in Chief of the military of the Republic.
The President shall be elected by the popular vote every four years.
The President must be a citizen of the Republic upon election.
The President may not stand for reelection more than once.
The President shall declare their affirmation to defend the Constitution of the Republic and the Republic, and faithfully execute their office before assuming the Presidency.
The President shall have unrestricted access to all information that would otherwise be unavailable to Members of Parliament.
The President shall receive a compensation to be determined by an independent commission that shall not fluctuate during their tenure.
The President shall not receive any emoluments during their tenure.
The President may appoint a Prime Minister under extraordinary circumstances.
The President may dissolve the House of Representatives under extraordinary circumstances, whereby an election must be held one month after dissolution.
The President may rule by decree with the consent of a two-thirds majority of a joint session of Parliament.
The President may declare war against another foreign nation with the consent of Parliament and the Prime Minister.
The President may appoint ambassadors and diplomats upon the advice of the Prime Minister.
No one running for the Presidency shall be under the age of 35 when elected.
No one running for the Presidency shall have resided in the Republic for under ten years when elected.
The President may be removed from office upon impeachment or conviction for bribery, treason, sedition or other high crimes.
If the President is unable to perform their duties as dictated in this Constitution, there shall be an orderly succession as follows:
The President of the Senate,
The Prime Minister,
The Speaker of the House of Representatives,
Further succession shall be determined by descending seniority of the Members of Parliament.
All judicial power shall be vested into a single Supreme Court, which shall comprise of nine Justices who shall serve for life upon induction.
Justices shall be appointed by the President upon the advice of an independent commission.
Justices shall be compensated for their work to be determined by an independent commission, whereby the compensation shall not decrease during their tenure.
Judicial power shall extend to cases arising from this Constitution, laws of the Republic and Treaties of the Republic.
Cases may be between citizens of the Republic, provinces of the Republic and all cases where the Republic is a party.
Crimes committed in a province shall be by jury, held in the province where such crime was committed. Otherwise, Parliament shall establish a location for trial.
Federal Courts shall comprise of three Justices who shall appointed by the President upon the advice of an independent commission.
Federal Courts that Parliament may establish shall not exceed the authority of the Supreme Court.
Justices of any federal Court may be removed upon impeachment or conviction for bribery, treason, sedition or other high crimes.
All bills to amend the Basic Law of the Republic, hereinafter known as Constitutional Amendments, shall originate in the Senate and shall follow a procedure. Constitutional Amendments must be:
Adopted by a two-thirds of all elected Senators in the Senate;
Adopted by a two-thirds majority of all elected Representatives in the House of Representatives;
Signed by the Prime Minister and the President; and
Approved by two-thirds of the Supreme Court Justices with all Justices present.
Constitutional Amendments that have been passed by the Senate and House of Representatives with a three-fifths majority; and having received approval from the Prime Minister, the President and a majority of the Supreme Court Justices, shall be decided by a referendum, to happen no later than five months after the aforementioned bill has been approved by the Supreme Court Justices.
Constitutional Amendments that are to be decided by referendum must be approved by three-fifths of voters, whereby three-quarters of eligible voters must turn out.
Constitutional Amendments must be ratified by provinces that represent a majority of the population to come into effect.
Constitutional Amendments may not be presented again for the remainder of the Parliament if they fail to pass through the aforementioned methods.
Constitutional Amendments on any part of the Basic Law of the Republic that are not adopted by the aforementioned methods are illegal and therefore null.
Any new Constitution shall be adopted using the aforementioned methods.
No law shall replace of this Constitution in whole or in part.
This Constitution shall not be repealed in whole until a replacement has been adopted, whereby this Constitution shall be rendered null.
The adoption of this Constitution shall not be subject to Section VI.
This Constitution and the Charter of Rights shall comprise the Basic Law of the Republic of Dasko.
Marcus Brunes Hayward
Civilian Leader of the Transitional Council
This Constitution was approved on June 28, 2017.
All Laws, Resolutions and Statutes approved by the Third Republic legally and in accordance with this Constitution shall remain in effect.
The aforementioned Laws, Resolutions and Statutes may be amended by Parliament in order to comply to this Constitution.
The aforementioned Laws, Resolutions and Statutes may remain in effect without the signature from the President of the Republic.
This Amendment was approved on February 7, 2019.