Government and Politics

Current from January 1st, 2011 till December 31st, 2011:

Constitution of the Duchy of Giant Bay


Preamble

Giant Bay's people solemnly proclaim their attachment to independence and respect for human rights, in accordance with the Declaration of Independence of August 2nd, 1911 and the Universal Declaration of Human Rights of 1948.

Aware of its autonomy and independence, Giant Bay adopted formally, this Constitution, following the favorable vote of the people in October 3rd, 2004, officially entered into force on 1st January 2005 and subsequently amended by its leaders October 1st, 2009 and June 25th, 2011.

Title I : Sovereignty at Duke

Art. 1: The Duke of the city, namely Hervé Le Grand, has no executive, legislative or judicial power. It is a symbol to represent the country abroad.

Art. 2: After the death of the Duke, Hervé Le Grand, according to his will and of a decree law, the Duchy shall be reorganized in the Republic in semi-presidential. The Prime Minister shall act as President by interim until to the proclamation of a new Republic, which will follow the prior election of a constituent assembly within sixty (60) days following the death of the Duke.

Title II : Duchy of Giant Bay

Art. 3: Giant Bay consists of several region and language area, divided as follows as described in article 3.1 and 3.2.

Art. 3.1: There are three (3) language communities, namely that of English, French and Quenya.

Art. 3.2: There are a total of seven (7) regions, all represented by senior public servants of the state, and are:
a) Charles-Cities
b) Enclave of Old English Settlers
c) Jean-de-la-Baie Géante
d) Les Petits de Jean
e) Major Cities of Quenya
f) Provinces of Quenya Nation
g) Island of Quenya

Art. 4: The official languages of Giant Bay are English, French and Quenya.

Art. 4.1: The diplomatic language is French.

Art. 5: The official emblem is the flag of Giant Bay, which meets the description below:
a) Two (2) color Blue Red Orange separated by a diagonal from top right to bottom left;
b) The center of the flag is present, two (2) rows of three (3), six (6) white stars.

Art. 6: The official motto is: Country of Dreams and Cultures

Art. 7: The territory of the Duchy of Giant Bay includes all of the limited land following a decree law of the United Kingdom and the French Republic, dating from the second (2) August nineteen hundred and eleven (1911).

Art. 7.1: National Sovereignty and Territorial is inviolable. No secession or sale of the national territory may be made.

Title III: Nationality Giant Bayer

Art. 8: A resident of Bay Giant is a Giant Bayer. No feminization of the word, if not the determinant.

Art. 9: The Giant Bayer’s Nationality may be complementary with another nationality of any other country, provided that this country is recognized by Giant Bay. An individual can only have three (3) or more nationalities.

Art. 9.1: The Nationality Giant Bayer acquired two (2) different ways which are:
a) Being born Giant Bay;
b) Reside in five (5) years at least Giant Bay and have a criminal record.

Art. 9.2: Can be withdrawn Nationality Giant Bayer the following:
a) Those who have resided for two (2) years or more out Giant Bay, with the exception of those born in the territory;
b) Those who were found guilty of high treason or terrorism.

Art. 10: Giant Bayer’s Nationality may be acquired by foreigners in a regular situation, a situation described in article 9.1. A Giant Bayer lose his nationality must again satisfy the conditions mentioned in article 9.1 to get back their rights.

Art. 11: Giant Bayer’s Nationality of its holder is a citizen of the nation, therefore giving the Rights and Duties quoted in the Title IV: Rights and Duties of the Citizen.

Title IV: Rights and Duties of Citizens

Art. 12: Every citizen of Giant Bay has all the rights and duties regulated by organic laws, with the exception of voting, which is acquired only by a majority.

Art. 13: Most Giant Bayer is acquired at the age of eighteen (18) years. It provides access to voting.

Art. 14: Every citizen of Giant Bay is equal before the law and Justice.

Art. 14.1: This equality does not prevail for the Duke and the Prime Minister, which both enjoy immunity. This immunity may still be lifted by Parliament if requested by a third of members of parliament and approved by more than the majority.

Art. 15: The enjoyment, exercise, suspension and loss of these rights are regulated by law.

Art. 16: Everyone has the right to be safe within the territory Giant Bayer. This is ensured by the Giant Bay Police and the Army of Giant Bay, both dependent on the Department of the Interior and Defense, and Prime Minister of the Nation.

Title V: Executive

Art. 17: The executive branch is responsible for enforcing laws.

Art. 18: Executive power is provided by the Government and its members.

Art. 19: Members of the Government leaders are those State Department. They are all appointed by the Prime Minister.

Art. 20: The Head of Government is the Prime Minister. He is the guarantor of the executive.

Title VI: The Legislative

Art. 21: The legislature's role is to pass laws.

Art. 22: Legislative power is held entirely by the Parliament, the legislative body of the nation.

Art. 23: Any action of the executive must first passed by the Parliament for approval.

Art. 24: Parliament is composed of sixty-five (75) members, elected under Article 29.

Title VII: The Judiciary

Art. 25: The judicial power is held by the Secretary of State for Justice (Justice Minister) and senior official at the Justice.

Art. 26: The High Official of Justice is a Judge and he’s elected every year in December by all the Judges of the Nation. The Secretary of State for Justice is when it’s appointed by the Prime Minister.

Art. 27: Shares of justice are determined by organic laws.

Title VIII: General elections

Art. 28: The Prime Minister is elected by the people at a general election. This election takes place every year on the first (1st) and second (2nd) Sunday of December. The first round determines the composition of Parliament (see Art. 29). The "first candidates" for two (2) parties with the most votes nationwide are sent to the second round. Whoever gets the most votes during the second round is appointed Prime Minister of the first (1st) in January to the thirty-one (31st) December of the following year.

Art. 29: Following the vote the first round, the composition of Parliament takes place as described in 29 articles.

Art. 29.1: The seats are divided equally between each linguistic area of the country, according to demographics.

Art. 29.2: In each area, the seats are fairly distributed to political parties, together with more than 8.5% of the vote in the area, and those based on the number of votes obtained.

Art. 30: The legislature is in place along with the Prime Minister, is the first (1st) in January to the thirty-one (31st) December of the year following his election.

Title IX: Exceptional Case

Art. 31: In case of war, the Duke became the Chief of Army and has full military powers.

Art. 32: Declaration of war or military-led Giant Bayer cannot be done without the consent of Parliament.

Art. 32.1: A military operation under the command international cannot last more than sixty (60) days. After that, parliamentary approval is required.

Art. 33: In case of death or resignation of Prime Minister, the Secretary of State for Home Affairs and Defense will succeed him.

Art. 33.1: If the death or resignation occurs within one hundred twenty (120) days of the first round of a new election, the Acting Prime Minister will retain office until the election.

Art. 33.2: If the death or resignation occurs over one hundred and twenty (120) days of the first round of a new election, an early election must be held within thirty (30) days to elect the successor to the Prime Minister the end of the initial election.


Title X: From the Constitution

Art. 34: The Constitution of the country is above all laws.

Art. 35: No constitutional amendment cannot be done without following the following protocol:

Art. 35.1: The proposed amendment must be approved by two-thirds (2/3) of Parliament in a vote scheduled for this purpose.

Art. 35.2: If approved by Parliament, a referendum must be submitted to the People. It must be approved by more than fifty percent (50%) and must meet a participation rate greater than sixty-six point seventy-seven percent (66.67%) to be validated.

Art. 36: The current Constitution can be suspended, with the notable exception of the cases cited in Article 2.