Constitution of Syldavia

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Constitution of Syldavia

Post by Blakeway4 on 12th February 2011, 20:56

Constitution of the Socialist Republic of Syldavia

Legend:
Preamble
I - Definition
II - Executive Council
III - Provinces and Elections
IV - The Supreme Court
V - Charter of Rights and Freedom
VI - Taxation


Preamble
To become a Citizen of the Syldavian Socialist Republic, if you came from another country, you need to swear the following oath:
“ “

I – Definition
Article 1: Syldavia is a pacific nation that prohibits the democracy around the World. The people of Syldavia, that obtain its independence from Russia, need to follow the constitution.
Article 2: The Parliament exercises legislative power. The President exercises executive power. The Supreme Court exercises judicial power.

II
Article 3: All the elected candidates represent their political Parties in the Parliament. The President is an elected candidate who’s the chef of his Party.
Article 4: Citizens of 18 years old of age is allowed to vote in Federal Elections.
Article 5: Any citizen of 18 years old of age is allowed to become the President of the Republic.
Article 6: The Executive Council is composed of the President and ministers. However, others may be called by the President to attend Council meetings. Currently it is the government whip, the chairman of the caucus of the government and four secretaries of state.
Article 7: The President may revoke or remove any of the members of his cabinet without the permission of the National Assembly.
Article 8: A minister may exercise its functions and powers as long as President keeps him in office. He continues to hold office until his successor is appointed and sworn. It is the same in the event that the Party in power loses elections and even if the minister in question has suffered a personal electoral defeat.
Article 9: The Executive Council advises the President and other Cabinet Ministers in their decision making. However, it is the President to take the final decision even if all Council members are in disfavour. Several decisions taken by the Government of Syldavia are actually decisions of the President alone.
Article 10: Even if the President and ministers shall serve as deputies to the National Assembly when they meet in council they exercise executive power. However, in our British parliamentary system inspiration, there is the so-called ministerial responsibility. This rule requires the President and ministers accountable for their management and administration in Parliament.
Article 11: All ministers must respect their commitments and obligations.
Article 12: The President is a citizen like anybody. If he’s arrested, he’ll be judge as any citizens of the country. Ministers will be judge in the same way.
Article 13: The Parliament is located in the Capital: Vladivostok.
Article 14: For any new proposed laws, the Parliament must agree with the President's decision to make it used.
Article 15: The President appoints elected candidates of any Parties he want to make them become his Ministers and discharges them. The President determines their number and functions.
Article 16: All the public institutions need to be managed by Syldavian citizens.
Article 17: All laws shall be published and respect the other laws.

III
Article 18: The Parliament is located in Vladivostok.
Article 19: There are 125 seats in the National Assembly (Parliament). These seats are allocated to the elected candidates of every circumscription.
Article 20: Each human, in the date of the elections, is 18 years old of age or higher is eligible to vote. That person needs to be a resident of the Socialist Republic of Syldavia, no exceptions, except for the other nation’s ambassadors and diplomats.

IV
Article 21: Every citizens of Syldavia shall be judge in a legal court of justice. Every human that is judge in Syldavia has the right of being defended and represented by a legal lawyer.
Article 22: Every judge is a legal citizen of Syldavia that had the skills to be a judge and is randomly assigned to a judgment room in any legal court of the Republic.
Article 23: Every judgment is assisted by a Jury. Each jury is composed of 10 normal citizens without any relations with the person judged or the judge.
Article 24: The Supreme Court is located in Klow. The Supreme Court is judging only people that are accused of Crime against the Nation.

V - Charter of Rights and Freedom
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression, including freedom of the press and other media;
c) freedom of peaceful assembly;
d) freedom of association.

DEMOCRATIC RIGHTS

Democratic rights of citizens
3. Every citizen has the right to vote and be eligible for election.

Maximum duration of meetings
4. (1) The maximum term of the House of Commons and legislatures is five years from the date fixed for the return of writs for a general election. (81)

Special Extensions
(2) The mandate of the House of Commons or of a legislature can be extended respectively by the Parliament or the legislature in question beyond five years in case of war, invasion or insurrection, real or apprehended, provided that this extension is not the subject of opposition expressed by the votes of over a third of members of the House of Commons or the legislature. (82)

Annual Meeting
5. Parliament and the legislatures hold a meeting at least once every twelve months. (83)

FREEDOM OF MOVEMENT AND ESTABLISHMENT

Freedom of movement
6. (1) Every citizen has the right to remain in Syldavia, to enter or leave.

Freedom of establishment
(2) Every Syldavian citizen and any person with permanent resident status in Syldavia has the right:
a) to move across the country and take up residence in any city;
b) to earn a livelihood in any region of Syldavia.

Restriction
(3) The rights specified in subsection (2) are subject
a) the laws and practices of general application in force in a region, if they do between people no distinction based primarily on the region of present or previous residence;
b) any laws providing for reasonable residency requirements for obtaining public social services.

Affirmative action programs
(4) Subsections (2) and (3) are not intended to prohibit laws, programs or activities designed to improve the situation of people socially or economically disadvantaged if the rate of employment in Syldavia is below the national average.

LEGAL RIGHTS

Life, liberty and security
7. Everyone has the right to life, liberty and security of person and cannot be deprived thereof except in accordance with the principles of fundamental justice.

Unreasonable searches or seizures
8. Everyone is entitled to protection against unreasonable search or seizure.

Detention or Imprisonment
9. Everyone is entitled to protection against detention or imprisonment arbitrary.

Arrest or detention
10. Everyone has the right on arrest or detention:
a) to be informed promptly of the reasons for his arrest or detention;
b) to use immediately to counsel and to be informed of this right;
c) to monitor, by habeas corpus, the legality of his detention and obtain, where appropriate, release.

Criminal and penal
11. Every accused has the right:
a) to be informed without unreasonable delay of the specific offense alleged against him;
b) to be tried within a reasonable time;
c) not be compelled to testify against himself in any proceeding instituted against him for the alleged offense;
d) to be presumed innocent until proven guilty according to law, by an independent and impartial tribunal after a fair and public hearing;
e) not be deprived without just cause release with a reasonable bail;
f) unless it is an offense under the military justice for the benefit of trial by jury where the maximum penalty for the offense of which he is charged is imprisonment of five years or a little more serious;
g) not be convicted because of any act or omission which, when it occurred, did not constitute a criminal offense under the domestic law of Canada or international law and did not of criminal according the general principles of law recognized by all nations;
h) a share not to be tried again for an offense for which he was finally acquitted, the other not to be tried or punished again for an offense for which he was finally convicted and punished;
i) to receive the lesser punishment when the punishment for the offense of which he is convicted is changed between the time of the commission of the offense and the sentence.

Cruelty
12. Everyone is entitled to be protected against cruel and unusual.

Self-incrimination
13. Everyone is entitled to any incriminating evidence he gives is used to incriminate him in other proceedings, except in a prosecution for perjury or for giving contradictory evidence.

Actor
14. A party or witness who cannot follow the procedures, either because they do not understand or speak the language or because they are deaf, are entitled to the assistance of an interpreter.

RIGHTS TO EQUALITY

Equality before the law, equal protection and equal benefit of the law
15. (1) Law no respecter of person and applies to everyone equally, and all are entitled to equal protection and equal benefit of the law without discrimination, including discrimination based on race, origin national or ethnic origin, color, religion, sex, age or mental or physical.

Affirmative action programs
(2) Subsection (1) does not preclude any law, program or activity to improve the situation of individuals or disadvantaged groups, especially because of their race, national or ethnic origin, their color, religion, sex, age or mental or physical. (84)

OFFICIAL LANGUAGES OF SYLDAVIA

Official Languages of Syldavia
16. (1) Russian is the official language of Syldavia.

APPLICATION

Remedies for Infringement of Rights and Freedoms
17. (1) Any person, victim of a violation or denial of rights or freedoms, as guaranteed by this Charter, may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

Inadmissibility of evidence that could bring the administration of justice
(2) Where in proceedings under subsection (1), the court concluded that evidence was obtained under conditions which violate the rights or freedoms guaranteed by this Charter, the evidence is excluded s it is established, under the circumstances, that their use might bring the administration of justice.



VI
Article 25: Everybody must pay his Taxes each year to the Gouvernement of Syldavia.
Article 26: The TFS is the official products taxation of the Socialist Republic of Syldavia.


Thank you.
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Blakeway4
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