User:Glide08/Sandbox/NewGranada/Constitution (1960)

THE CONSTITUTION OF THE COMMONWEALTH OF NEW GRANADA

PREAMBLE In humble submission to God Almighty, who controls the destinies of nations and the history of peoples;

We the People of New Granada,

Recalling the fact that sovereignty over New Granada belongs to us unconditionally;

Acknowledging our common purpose of national cohesion and our common destiny as one people and one nation;

In order to provide ourself with a responsible and harmonious democratic system best suited to the traditions and history of our land, so as to guarantee to ourselves justice, peace, safety, freedom and welfare;

DO HEREBY ORDAIN AND ESTABLISH the following CONSTITUTION

CHAPTER 1 – THE STATE AND SOVEREIGNTY

1. Declaration of Republic.

New Granada shall be an indivisible federal secular sovereign democratic republic to be known as the Commonwealth of New Grenada.

2. Supremacy of Constitution

This Constitution is the supreme law of New Grenada and if any other law is inconsistent with this Constitution that other law shall, to the extent of the Inconsistency, be void.

4. National sovereignty, the electoral franchise, political parties and National Front

(1) National sovereignty belongs to the people and is exercised through their elected representatives.

(2) The franchise is universal, equal and secret. Subject to such conditions or restrictions as may be prescribed by Parliament, every citizen of New Granada who is at least 18 years of age shall be entitled to vote.

(3) Political parties may be formed freely. They shall respect the Constitution and the principles of democracy.

(4) Only the political parties of the National Front, the National Party and the PDP/SDP Union, may contest elections. They shall share power between themselves according to the provisions of this Constitution. Independent candidates must declare whether to caucus with the National Party or the PDP/SDP Union, and shall be deemed, for the purposes of this constitution, to be affiliated with the parity with which they caucus.

CHAPTER 2 – FUNDAMENTAL RIGHTS AND DUTIES

PART I – Fundamental Rights

5. Fundamental rights and freedoms of the individual

(1) The Commonwealth of New Granada recognises, that, subject to any restrictions imposed by law on non-citizens, all persons are entitled to the following fundamental rights and freedoms of the individual without discrimination on the grounds of race, place of origin, religious or traditional beliefs, political opinions, language or sex but subject to respect for the rights and freedoms of others and to the legitimate public interest in defence, safety, public order, welfare and health–

(a) life;

(b) liberty;

(c) security of the person;

(d) protection of the law;

(e) freedom from inhuman treatment and forced labour;

(f) freedom of conscience and worship;

(g) freedom of expression;

(h) freedom of assembly and association;

(i) freedom of movement;

(j) protection for the privacy of the home and other property and from unjust deprivation of property;

(k) equal treatment under the law or administrative action, except that no law shall be inconsistent with this sub-paragraph insofar as it makes provision for the special benefit, welfare, protection or advancement of females, children and young persons, members of under-privileged groups or inhabitants of less developed areas.

(2) Protection of the law shall include the following–

(a) everyone charged with an offence shall have a fair hearing, within a reasonable time, by an independent and impartial court and be afforded a lawyer if it is a serious offence;

(b) everyone is presumed innocent until a court establishes his guilt according to law;

(c) everyone charged shall be informed promptly in a language he understands of the offence with which he is being charged;

(d) if an accused does not understand the language to be used in the proceedings he shall be provided with an interpreter throughout the proceedings;

(e) a person shall not be tried in his absence without his consent unless he makes it impossible for the court to proceed in his presence;

(f) no-one shall be convicted in respect of an act or omission which did not constitute an offence known to written or custom law at the time it was committed;

(g) no-one shall be punished with a greater penalty than that which exists at the time of the commission of the offence;

(h) no person who has been pardoned, or tried and convicted or acquitted, shall be tried again for the same offence or any other offence of which he could have been convicted at his trial

6. Enforcement of fundamental rights

(1) Anyone who considers that any of the rights guaranteed to him by the Constitution has been, is being or is likely to be infringed may, independently of any other possible legal remedy, apply to the Supreme Court to enforce that right.

(2) The Supreme Court may make such orders, issue such writs and give such directions, including the payment of compensation, as it considers appropriate to enforce the right.

PART II – Fundamental Duties

7. Fundamental duties

Every person has the following fundamental duties to himself and his descendants and to others –

(a) to respect and to act in the spirit of the Constitution;

(b) to recognize that he can fully develop his abilities and advance his true interests only by active participation in the development of the national community;

(c) to exercise the rights guaranteed or conferred by the Constitution and to use the opportunities made available to him under it to participate fully in the government of the Commonwealth of New Granada;

(d) to protect the Commonwealth of New Granada and to safeguard the national wealth, resources and environment in the interests of the present generation and of future generations;

(e) to work according to his talents in socially useful employment and, if necessary, to create for himself legitimate opportunities for such employment;

(f) to respect the rights and freedoms of others and to cooperate fully with others in the interests of interdependence and solidarity;

(g) to contribute, as required by law, according to his means, to the revenues required for the advancement of the Commonwealth of New Granada and the attainment of national objectives;

(h) in the case of a parent, to support, assist and educate all his children, legitimate and illegitimate, and in particular to give them a true understanding of their fundamental rights and duties and of the national objectives and of the culture and customs of the people of New Granada;

(i) in the case of a child, to respect his parents.

8. Fundamental duties non-justiciable but public authorities to encourage compliance

Except as provided by law, the fundamental duties are non-justiciable. Nevertheless it is the duty of all public authorities to encourage compliance with them so far as lies within their respective powers.

CHAPTER 4 – PARLIAMENT

15. Parliament

(1) The legislature shall be known as Parliament.

(2) Parliament shall consist of two chambers which shall be known respective as the Senate and the House of Representatives.

16. Power to make laws

(1) Parliament may make laws for the peace, order and good government of New Granada.

(2) Parliament shall make laws by passing bills introduced either by one or more members or by the President or a Minister.

(3) When a bill has been passed by Parliament it shall be presented to the President who shall assent to it within 2 weeks.

(4) If the President considers that the bill is inconsistent with a provision of the Constitution he shall refer it to the Supreme Court for its opinion. The bill shall not be promulgated if the Supreme Court considers it inconsistent with a provision of the Constitution.

17. Election of members of Parliament

(1) The House of Representatives shall consist of 300 members, 150 elected from single-member electoral districts and 150 elected from party lists. The party-list Representatives will be selected to ensure that the National Party and the PDP/SDP Union have, in total, 150 Representatives each.

(2) The Senate shall consist of four Senators for each state — two from the National Party and two from the PDP/SDP Union — elected by the members of the State Assemblies from among themselves.

(3) Subject to such conditions or restrictions as may be prescribed by Parliament every citizen of New Granada who is at least 25 years of age shall be eligible to stand for election to Parliament.

18. Electoral Commission

(1) There shall be an Electoral Commission consisting of a chairman and two members appointed by the President of the Commonwealth, after consulting the Judicial Service Commission, and subject to confirmation of their appointment by the Senate.

(2) The following persons shall not be qualified for appointment as chairman or member of the Commission –

(a) the President or a candidate for election as President;

(b) a Minister;

(c) a member of or a candidate for election to Parliament;

(d) a Governor or a candidate for election as Governor;

(e) a member of a state-level executive body;

(f) a member of or a candidate for election to a State Assembly;

(g) a member of or a candidate for election to local government or municipal councils;

(h) any person who exercises any position of responsibility in a political party.

(3) A chairman or a member of the Commission shall vacate his office –

(a) at the expiration of 5 years from the date of his appointment; or

(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.

19. Principal Electoral Officer

There shall be a Principal Electoral Officer who shall be a public servant.

20. Functions of Electoral Commission and Principal Electoral Officer

(1) The Electoral Commission shall have general responsibility for and shall supervise the registration of electors and the conduct of elections of the President of the Commonwealth, members of Parliament, Governors of the States, members of the State Assemblies, and members of local government and municipal councils. The Commission shall have such powers and functions relating to such registration and elections as may be prescribed by Parliament.

(2) The Principal Electoral Officer shall have such powers and functions relating to such registration and elections as may be prescribed by Parliament. The Principal Electoral Officer shall keep the Commission fully informed concerning the exercise of his functions and shall have the right to attend meetings of the Commission, and shall comply with any directions that the Commission may give to him in the exercise of his functions.

(3) Every proposed bill and every proposed regulation or other instrument having the force of law relating to the registration of electors for the election of members of the President of the Commonwealth, members of Parliament, Governors of the States, members of the State Assemblies, and members of local government and municipal councils or to the election of the same shall be referred to the Commission and to the Principal Electoral Officer at such time as shall give them sufficient opportunity to make comments on it before the bill is introduced in Parliament or, as the case may be, before the regulation or instrument is made.

(4) The Electoral Commission may lay before Parliament such reports concerning the matters under their supervision, or any draft bill or instrument that is referred to them, as they may think fit.

21. Procedure of Parliament

(1) Parliament shall meet twice a year in ordinary session.

(2) Parliament may meet in extraordinary session at the request of the majority of members or the Presiding Officer of either chamber, or the President of the Commonwelath.

(3) Unless otherwise provided in the Constitution, each chamber, as well as Parliament in joint sitting, shall make its decisions by public vote by a simple majority of the members voting.

(4) Unless otherwise provided in the Constitution, the quorum shall be a simple majority of the members of a chamber, or of Parliament in joint sitting. If there is no such quorum, Parliament may nevertheless adjourn or compel absent members to attend.

(5) Parliament shall make its own rules of procedure.

22. Presiding Officers and Deputies

(1) At its first sitting after any general election, each chamber shall elect a Presiding Officer and one or more Deputy Presiding Officers.

(2) The Presiding Officer shall preside at sittings of the relevant chamber and shall be responsible for maintaining order.

(3) The functions of Presiding Officer may be exercised by a Deputy Presiding Officer.

(4) The Presiding Officer of the Senate shall be known as the "President", and that of the House of Representatives shall be known as the "Speaker".

23. Committees

(1) Parliament may establish committees and appoint members to them.

(2) A committee may be of one chamber, or a joint committee of both.

24. Proceedings to be public

Unless otherwise provided proceedings of Parliament shall be held in public.

25. Public finance

(1) Every year the Government shall present a bill for a budget to the House of Representatives for parliamentary approval.

(2) No taxation shall be imposed or altered and no expenditure of public funds shall be incurred except by or under a law passed by Parliament and initiated in the House of Representatives.

(3) No motion for the levying or increase of taxation or for the expenditure of public funds shall be introduced unless it is supported by the Government.

(4) Parliament shall provide for the office of Auditor-General, who shall be appointed by the Public Service Commission on its own initiative.

(5) The function of the Auditor-General shall be to audit and report to Parliament and the Government on the public accounts of New Granada.

(6) The Auditor-General shall not be subject to the direction or control of any other person or body in the exercise of his functions.

26. Ratification of treaties

Treaties negotiated by the Government shall be presented to the Senate for ratification when they –

(a) concern international organisations, peace or trade;

(b) commit the expenditure of public funds;

(c) affect the status of people;

(d) require amendment of the laws of the Commonwealth of New Granada; or

(e) provide for the transfer, exchange or annexing of territory.

27. Privileges of members

(1) No member of Parliament may be arrested, detained, prosecuted or proceeded against in respect of opinions given or votes cast by him in Parliament in the exercise of his office.

(2) No member may, during a session of Parliament or of one of its committees, be arrested or prosecuted for any offence, except with the authorisation of Parliament in exceptional circumstances.

28. Life of Parliament

(1) The life of the House of Representatives shall be for 4 years.

(2) The term of office of a Senator shall be 8 years. One-half of the Senators, being two from each state — one from the National Party and one from the PDP/SDP Union — shall retire every 4 years.

(3) General elections shall be held not earlier than 60 days and not later than 30 days before the end of the life of the House of Representatives.

CHAPTER 6 – THE EXECUTIVE

33. President of the Commonwealth

The head of the Commonwealth shall be known as the President and shall symbolise the unity of the nation.

34. Election of President

(1) The President of the Commonwealth shall be elected by secret ballot, by an electoral college consisting of –

(a) the members of the House of Representatives;

(b) the members of the Senate;

(c) additional delegates — half from the National Party and half from the PDP/SDP Union — elected by the members of the State Assemblies from among themselves.

(2) The number of members of the Electoral College shall be 600.

(3) An ordinary presidential election shall take place within 6 weeks of the first sitting of the House of Representatives following its election.

(4) When a vacancy in the office of the President of the Commonwealth arises, an extraordinary election to that office shall be held within 6 weeks of the vacancy arising.

(5) A candidate's nomination must be signed by at least twenty members of the electoral college, with the exception of a self-nomination under subarticle (6).

(6) The electoral commission may reject any nomination, but may not reject a self-nomination under subarticle (6). A candidate shall stand for election as long as his nomination is not so rejected.

(7) The following may nominate themselves for election –

(a) the incumbent President of the Commonwealth;

(b) a Vice-President of the Commonwealth who has acted as President of the Commonwealth, in the extraordinary election immediately following the period in which he has done so.

35. Rules for electing President

(1) The candidate who obtains the support of two-thirds of the members of the electoral college shall be elected President of the Commonwealth.

(2) If no candidate is elected under paragraph 1, a second ballot shall be taken, in which new candidates may be nominated, and from which candidates who stood in the first ballot may withdraw.

(3) If on the second ballot no candidate obtains the support specified in paragraph 1, a third ballot shall be taken, in which only the candidates who obtained the highest and second-highest numbers of votes in the second ballot shall stand and may not withdraw, and the candidate who obtains the support of a simple majority shall be elected.

(4) If only one candidate is nominated, he shall be elected on a motion supported by an absolute majority of the members of the Electoral College.

35. Qualifications for election as President

(1) Any member of the House of Representatives shall be eligible for election as President of the Commonwealth.

(2) One may not be elected as President of the Commonwealth in two sucessive ordinary presidential elections.

(3) If candidates of one Party were elected in two sucessive ordinary presidential elections, that party may not field candidates in the third such election.

36. Term of office and removal of President

(1) The term of office of the President of the Commonwealth shall be until the new President is elected in an ordinary presidential election.

(2) The President of the Commonwealth may be removed from office, only for gross misconduct or incapacity, by a joint sitting of Parliament on a motion introduced by at least one-third of the members of Parliament and passed by at least two-thirds of its members, when at least three-fourths of its members, including at least three-fourths of the members of either chamber, are present.

(3) At least 2 weeks’ notice of the motion provided for in subarticle (2) shall be given to the Speaker.

(4) If there is no quorum at the first sitting as provided in subarticle (2), a joint sitting of Parliament may meet and vote on the motion provided for in subarticle (2) a week later even if there is only a quorum of two-thirds of the members of the joint sitting.

37. Acting President

(1) Whenever there is a vacancy in the office of the President of the Commonwealth or the President is overseas or incapacitated, the Vice-President of the Commonwealth, or if there is no Vice-President of the Commonwealth the President of the Senate, shall perform the functions of President under this Constitution and any other law.

(2) Any furhter contingency relating to performance of the functions of President in case of a vacancy in the office of the President of the Commonwealth or when the President is overseas or incapacitated shall be provided for by law.

38. Ceremonial presidential powers

The President shall have the powers to—

(i) Declare war on foreign powers:

(ii) Appoint and recieve ambassadors, consuls and other diplomatic representatives:

(iii) Pardon, commute or reduce a sentence imposed on a person convicted of an offence

(iv) Confer honours and titles, provided that no such honour or title shall be hereditary or otherwise transferrable:

(v) otherwise engage in such symbolic or ceremonial activities as he thinks fit.

39. Executive power

(1) The executive power of the people of the Commonwealth of New Granada is vested in the President of the Commonwealth and Executive Council and shall be exercised as provided by the Constitution or a law.

(2) The President of the Commonwealth may refer to the Supreme Court any regulation which he considers to be inconsistent with the Constitution.

40. Executive Council

(1) There shall be an Executive Council which shall consist of the President of the Commonwealth and the Ministers.

(2) The Ministers shall be selected to ensure that the National Party and the PDP/SDP Union have, half of all Ministers each. If the number of Ministers is not an even number, the extra Minister shall not be from the President's Party.

42. Appointment and removal of Ministers

(1) The President of the Commonwealth shall appoint the Ministers and shall designate one of them, being a Minister who is from the President's Party, as Vice-President of the Commonwealth.

(2) The President of the Commonwealth shall assign responsibilities for the conduct of government to the Ministers.

(3) At least four of these portfolios shall be held by Ministers who are not from the President's Party, and one of them shall be held by the Vice-President of the Commonwealth —

(a) Defense;

(b) Foreign Affairs;

(c) Homeland Security;

(d) Finance;

(e) Home Affairs;

(f) Justice.

(4) The President of the Commonwealth may remove the Ministers from office.

44. Termination of office of Ministers

The Executive Council shall cease to hold office whenever the term of the President of the Commonwealth ends but shall continue to exercise their functions until a new President of the Commonwealth is elected.

45. Other times when a Minister ceases to hold office

A Minister, including the Vice-President of the Commonwealth, shall also cease to hold office if he is elected as President of the Commonwealth, as a member of Parliament, as a Governor of a State, as a member of a State Assembly, or as a members of a local government or municipal council.

46. Ministers to remain Members of Parliament

Members of Parliament, Governors, members of State Assemblies, and members of local government and municipal councils who are appointed Ministers shall cease to hold their membership upon appointment.

CHAPTER 8 – JUSTICE

47. The Judiciary

(1) The administration of justice is vested in the judiciary, who are subject only to the Constitution and the law. The function of the judiciary is to resolve proceedings according to law. If there is no rule of law applicable to a matter before it, a court shall determine the matter according to substantial justice and whenever possible in conformity with custom.

(2) The judiciary shall be appointed by the President of the Commonwealth, after consulting the of the Judicial Service Commission, subject to confirmation of their appointment by the Senate.

(3) All members of the judiciary shall hold office until they reach the age of retirement. They shall only be removed from office by the President of the Commonwealth in the event of –

(a) conviction and sentence on a criminal charge; or

(b) a determination by the Judicial Service Commission of gross misconduct, incapacity or professional incompetence.

(4) The promotion and transfer of members of the judiciary may only be made by the President of the Commonwealth, after consulting the Judicial Service Commission.

(5) Parliament may provide for the appointment by the President of the Commonwealth, after consultation with the Judicial Service Commission, of acting judges for such periods as may be set out in their instruments of appointment.

(6) Subarticle (3) so far as it relates to the removal from office shall apply to acting judges.

48. The Judicial Service Commission

(1) The Judicial Service Commission shall consist of the Minister responsible for justice, as Chairman, the Chief Justice, and the Chairman of the Public Service Commission.

(2) The Judicial Service Commission shall not be subject to the direction or control of any other person or body in the exercise of its functions.

49. The Supreme Court, the Chief Justice and other judges

(1) The Supreme Court has unlimited jurisdiction to hear and determine any civil or criminal proceedings, and such other jurisdiction and powers as may be conferred on it by the Constitution or by law.

(2) The Supreme Court shall consist of a Chief Justice and three other judges.

(3) A person shall not be qualified for appointment as Chief Justice or other judge of the Supreme Court unless he is qualified to practise as a lawyer in New Granada.

53. Application to Supreme Court regarding infringements of Constitution

(1) Anyone who considers that a provision of the Constitution has been infringed in relation to him may, without prejudice to any other legal remedy available to him, apply to the Supreme Court for redress.

(2) The Supreme Court has jurisdiction to determine the matter and to make such order as it considers appropriate to enforce the provisions of the Constitution.

(3) When a question concerning the interpretation of the Constitution arises before a subordinate court, and the court considers that the question concerns a fundamental point of law, the court shall submit the question to the Supreme Court for its determination.

54. Election disputes

The jurisdiction to hear and determine any question as to whether a person has been validly elected as a member of Parliament, the National Council of Chiefs, and a Local Government Council or whether he has vacated his seat or has become disqualified to hold it shall vest in the Supreme Court.

55. Public Prosecutor

The function of prosecution shall vest in the Public Prosecutor, who shall be appointed by the President of the Commonwealth, after consulting the Judicial Service Commission, and subject to confirmation of his appointment by the Senate. He shall not be subject to the direction or control of any other person or body in the exercise of his functions.

56. Public Solicitor

Parliament shall provide for the office of the Public Solicitor, appointed by the President of the Commonwealth, after consulting the Judicial Service Commission, and subject to confirmation of his appointment by the Senate, whose function shall be to provide legal assistance to needy persons.

CHAPTER 9 – ADMINISTRATION

57. Public servants

(1) Public servants owe their allegiance to the Constitution and to the people of New Granada.

(2) Only citizens of New Granada shall be appointed to public office. The Public Service Commission shall determine other qualifications for appointment to the public service.

(3) No appointment shall be made to a post that has not been created in accordance with a law.

(4) The President of the Commonwealth or the Governor of a State may, exceptionally, make provision for the recruitment of staff for a specified period to meet unforeseen needs. In urgent cases, the Public Service Commission may, after consulting the Ministers responsible for finance and public administration, make such a decision instead of the President.

(5) For as long as their posts exist, public servants shall not be removed from their posts except in accordance with the Constitution.

(6) Public servants shall be given increments in their salary in accordance with the law.

(7) Public servants shall leave the public service upon reaching retirement age or upon being dismissed by the Public Service Commission. They shall not be demoted without consultation with the Public Service Commission.

(8) The security of tenure of public servants provided for in subarticle (5) shall not prevent such compulsory early retirement as may be decided by law in order to ensure the renewal of holders of public offices.

58. Exclusion of security of tenure in relation to political advisers and transfer of public servants

(1) The rule of security of tenure provided for in Article 57(5) shall not apply to the personal political advisers of the President of the Commonwealth and Ministers.

(2) Senior public servants in Ministries may be transferred by the President of the Commonwealth to other posts of equivalent rank.

59. Membership of Public Service Commission

(1) The Public Service Commission shall be composed of five members appointed for 5 years by the President of the Commonwealth, after confirmation of their appointment by the Senate.

(2) The Public Service Commission shall elect every year, from among its members, a chairman who shall be responsible for organising its proceedings.

(3) A person shall be disqualified for appointment as a member of the Commission if he is a member of Parliament, the National Council of Chiefs or a Local Government Council or if he exercises a position of responsibility within a political party.

(4) A person shall cease to be a member of the Commission if circumstances arise that, if he were not a member, would disqualify him for appointment as such.

60. Functions of Public Service Commission

(1) The Public Service Commission shall be responsible for the appointment and promotion of public servants, and the selection of those to undergo training courses in New Granada or overseas. For such purposes it may organise competitive examinations.

(2) The Commission shall also be responsible for the discipline of public servants.

(3) The Commission shall have no authority over the members of the judiciary, the armed forces, the police and the teaching services.

(4) The Commission shall not be subject to the direction or control of any other person or body in the exercise of its functions.

CHAPTER 10 – EXTENT OF FEDERAL POWERS

69. Legislative powers of States

The Legislative Powers of the States extend to the following matters:

(1) Agriculture

(2) Amenities for tourists.

(3) Animals

(4) Archaeological or historical sites and monuments.

(5) Borrowings of money, or obtaining grants of money, for the purposes of the Administration of the State and the making of grants and loans for those purposes.

(6) Cemeteries.

(7) Cinemas.

(8) Conservation and supply of water.

(9) Dangerous or inflammable substances.

(10) Economic planning and development other than national planning and development.

(11) Employment of persons who are not citizens.

(12) Hotels, restaurants, bars, casinos and other similar establishments.

(13) Housing.

(14) Industries, trades and businesses.

(15) Land and buildings other than land and buildings vested in the Commonwealth and specifically appropriated to the use of the Federation, including holding of land by persons who are not citizens.

(16) Manufacture and supply of electricity.

(17) Parks and other places for public recreation.

(18) Prevention and control of fires.

(19) Roads and highways.

(20) Sport and cultural activities.

(21) Any matter that is incidental or supplementary to any matter referred to in this list.

70. Interpretation of Article 69

(1) In Article 69 references to incidental and supplementary matters include, without prejudice to their generality-

(a) offences;

(b) the jurisdiction, powers, practice and procedure of courts of law;

(c) he compulsory acquisition and tenure of land;

(d) the establishment and regulation of tribunals of enquiry;

(e) fees and charges in respect of services provided;

(f) rates and taxes on buildings and land other than buildings and land vested in the Crown and specifically appropriated for the use of the Government;

(g) fees and charges in respect of administrative costs relating to carrying out inspections, tests and examinations and the issue of licenses, permits and certificates;

(h) taxes in respect of the use of premises as hotels, restaurants, bars, casinos or other similar establishments;

(i) taxes in respect of the use of premises for the manufacture of aerated water for use as a beverage;

(j) taxes in respect of the use of premises for the sale of alcoholic beverages or tobacco to the public; and

(k) taxes on itinerant traders or mobile establishments for the sale of refreshments to the public.

(2) Nothing in this schedule shall be construed as including the imposition of any fee, charge, rate or tax that is not expressly mentioned in paragraph (1) nor the imposition of any rate or tax levied-

(a) on rents, profits or other income or on gains on capital transactions; (b) on the import into, or export out of, Saint Christopher and Nevis or the island of Nevis of any article or commodity; (c) on succession to or transfer of property; or (d) on land or other property used for the purposes of the extraction or processing of minerals otherwise than by reference to its unimproved value.

3. Nothing in this schedule shall be construed as including legal proceedings by or against the Crown other than the conduct of proceedings under section 112 (which relates to disputes between the Nevis Island Administration and the Government).

4. The reference in this schedule to roads and highways does not include a reference to offences relating to vehicular traffic.

71. Executive powers of States

The Legislative Powers of the States extend to all matters to which the Legislative Powers of the States extend, as well as the following matters:

(1) airports and seaports.

(2) education.

(3) extraction and processing of minerals.

(4) fisheries.

(5) health and welfare.

(6) labour.

(7) land and buildings vested in the Commonwealth and specifically appropriated to the use of the Federation.

(8) licensing of imports into and exports out of New Granada.

CHAPTER 11 – EMERGENCY POWERS

69. Emergency regulations

The Executive Council may make regulations for dealing with a public emergency whenever –

(a) the Commonwealth of New Granada is at war; or

(b) the President of the Commonwealth, after consulting the Executive Council, declares a state of emergency by reason of natural calamity or to prevent a threat to or to restore public order.

70. Period of and renewals of state of emergency

(1) When Parliament is in session a state of emergency declared under Article 69 shall cease to have effect at the end of 1 week unless approved by a resolution of the Senate supported by two-thirds of its members.

(2) When Parliament is not in session a state of emergency shall cease to have effect at the end of 2 weeks.

(3) Where a resolution has been passed in accordance with subarticle (1) the state of emergency approved by it shall remain in force for the period authorised by the resolution except that no such resolution may authorise a state of emergency for more than 3 months at one time.

(4) Parliament may meet whenever it decides during a state of emergency.

(5) The Senate may at any time terminate a state of emergency by a resolution supported by an absolute majority of its members.

71. Effect of emergency regulations

(1) Subject to subarticle (2) regulations made by the Council of Ministers in accordance with Article 69 shall have effect notwithstanding the provisions of Chapter 2, Part I except that no regulation shall –

(a) derogate from the right to life and the freedom from inhuman treatment and forced labour; and

(b) make provision for the detention of a person without trial for more than 1 month unless such person is an enemy alien.

(2) Regulations made by the Council of Ministers in accordance with Article 69 shall be such as are reasonably necessary in the circumstances of the emergency to which they relate and as are justifiable in a democratic society.

72. Complaints to Supreme Court concerning emergency regulations

Any citizen aggrieved by reason of regulations made by the Council of Ministers in accordance with Article 69 may complain to the Supreme Court which shall have jurisdiction to determine the validity of all or any of such regulations.

CHAPTER 14 – AMENDMENT OF THE CONSTITUTION

85. Procedure for passing Constitutional amendments

A bill for an amendment of the Constitution shall not come into effect unless it is supported by the votes of no less than two-thirds of all the members of Parliament at a joint sitting of Parliament at which at least three-fourths of its members, including at least three-fourths of the members of either chamber, are present. If there is no such quorum at the first sitting, Parliament may meet and make a decision by the same majority a week later even if only two-thirds of the members are present.

86. Amendments requiring support of referendums

A bill for an amendment of a provision of the Constitution regarding the fundamental rights and duties, the electoral system, the National Front system, or the method of amending the Constitution, passed by Parliament under Article 85, shall not come into effect unless it has been supported in a national referendum.

PROPOSED AMENDMENT OF 1980

Resolved by the Parliament of New Granada, sitting jointly, that the Constitution is hereby amended:

1. by the re-titling of Article 4 from "National sovereignty, the electoral franchise, political parties and National Front" to "National sovereignty, the electoral franchise, [and] political parties and National Front";

2. by the modification of Article 4 as follows:

4. National sovereignty, the electoral franchise, and political parties

(1) National sovereignty belongs to the people and is exercised through their elected representatives.

(2) The franchise is universal, equal and secret. Subject to such conditions or restrictions as may be prescribed by Parliament, every citizen of New Granada who is at least 18 years of age shall be entitled to vote.

(3) Political parties may be formed freely. They shall respect the Constitution and the principles of democracy.

(4) Only the political parties of the National Front, the National Party and the PDP/SDP Union, may contest elections. They shall share power between themselves according to the provisions of this Constitution. Independent candidates must declare whether to caucus with the National Party or the PDP/SDP Union, and shall be deemed, for the purposes of this constitution, to be affiliated with the party with which they caucus. [All political parties, as well as independent candidates, may contest elections. Independent candidates may declare to caucus with a political party, but if they so declare they shall not be deemed to be affiliated with that party.]

3. by the modification of Article 17 as follows:

17. Election of members of Parliament

(1) The House of Representatives shall consist of 300 members, 150 elected from single-member electoral districts and 150 elected from party lists. The party-list Representatives will be selected to ensure that the National Party and the PDP/SDP Union have, in total, 150 Representatives each [each political party has a share of party-list Representatives proportionate to its share of votes].

(2) The Senate shall consist of four Senators for each state — two from the National Party and two from the PDP/SDP Union — [state,] elected by the members of the State Assemblies from among themselves.

(3) Subject to such conditions or restrictions as may be prescribed by Parliament every citizen of New Granada who is at least 25 years of age shall be eligible to stand for election to Parliament.

4. by the removal, from Article 35, of subarticle (3);

5. by the re-designation of subarticle 40(1) as Article 40;

6. by the removal, from Article 40, of subarticle (2);

7. by the modification of Article 42 as follows:

42. Appointment and removal of Ministers

(1) The President of the Commonwealth shall appoint the Ministers and shall designate one of them, being a Minister who is from the President's Party, as Vice-President of the Commonwealth.

(2) The President of the Commonwealth shall assign responsibilities for the conduct of government to the Ministers.

(3) At least four [One] of these portfolios shall be held by Ministers who are not from the President's Party, and one of them shall be held by the Vice-President of the Commonwealth —

(a) Defense;

(b) Foreign Affairs;

(c) Homeland Security;

(d) Finance;

(e) Home Affairs;

(f) Justice.

(4) The President of the Commonwealth may remove the Ministers from office.

8. by the modification of Article 86 as follows:

86. Amendments requiring support of referendums

A bill for an amendment of a provision of the Constitution regarding the fundamental rights and duties, the electoral system, the National Front system, or the method of amending the Constitution, passed by Parliament under Article 85, shall not come into effect unless it has been supported in a national referendum.

9. by the addition of the following articles after Article 86:

87. Election of members of Parliament

(1) There shall be a Constituent Assembly, which shall be tasked with writing a new constitution for the Commonwealth.

(2) The Constituent Assembly shall consist of 600 delegates elected from party lists. The delegates will be selected to ensure that each political party has a share of delegates proportionate to its share of votes.

(3) Subject to such conditions or restrictions as may be prescribed by Parliament every citizen of New Granada who is at least 25 years of age shall be eligible to stand for election to the Constituent Assembly.

(4) Articles 20, 21, 22, 23, 24, and 27 of this Constitution shall apply, mutatis mutandi, to the Constituent Assembly.

(5) The life of the Constituent Assembly shall be for 4 years, or when the Assembly passes a new Constitution, whichever is earlier.

88. Procedure for passing new Constitution

A proposed new Constitution adopted by the Constituent Assembly shall not come into effect unless it is supported by the votes of no less than three-fifths of all the members of the Assembly and has been supported in a national referendum.

NOTE: These amendments have been proposed by the then-Minister of Justice Stan Langley, which effect was to provide for the abolition of the National Front system and the eventual creation of a Constituent Assembly.

AMENDMENT OF 1981

Suppelemntary Notice to AFC Decree №1

PROMOTIONS

General Yehoash Vasilian is promoted to the substantive rank of Grand Marshal of the Republic 20 October 1981 with seniority of the same date

Admiral Jean-François Cresson is promoted to the substantive rank of Marshal of the Republic 20 October 1981 with seniority of the same date

Rear Admiral Sean Buckley is promoted to the substantive rank of Admiral 20 October 1981 with seniority of the same date

APPOINTMENTS CONSEQUENTIAL TO ESTABLISHMENT OF SUPREME MILITARY COUNCIL

Members of the Supreme Military Council assume their appointments 20 October 1981

Admiral Sean Buckley to serve as 2nd Vice-chairman of Supreme Military Council 20 October 1981-31 December 1981

OTHER APPOINTMENTS

Admiral Sean Buckley assumes the appointment of Chief of Naval Staff 20 October 1981

signed

General Yehoash VASILIAN

ACTING CHAIRMAN and 1st VICE-CHAIRMAN, Armed Forces Council; Chief of General Staff; Acting Minister of Defense

AFC Decree №1

1. Suspension of Constitution

The operation of the Constitution is hereby suspended.

2. Establishment of SMC

(1) There is hereby established a Supreme Military Council, to consist of the following persons:

CHAIRMAN

Grand Marshal of the Republic Yehoash VASILIAN

1st VICE-CHAIRMAN

Marshal of the Republic Jean-François CRESSON

ORDINARY MEMBERS

General Valentín BENDJEDID, representing Army

Admiral Sean BUCKLEY, representing Navy

Air Chief Marshal Tony PAPPALARDO, representing Air Force

General NGUYEN Binh Hien, representing Marine Corps

General Louis CALLAGHAN, representing Gendarmerie

General Andrew HAMILTON, representing Paratrooper Corps

Admiral George BÖHME, representing Coast Guard

SECRETARY

George TURNBULL

(2) The Chairman of the Supreme Military Council shall appoint every year, from among the ordinary members of the Council, a 2nd Vice-chairman.

3. Procedure of SMC

(1) The Supreme Military Council shall not meet except by the authority of the Chairman thereof who shall summon the Council to meet whenever he considers it necessary so to do:

Provided that the Chairman shall summon a meeting of the Council whenever he is requested so to do by–

(a) the 1st Vice-Chairman;

(b) the 2nd Vice-Chairman; or

(c) not less than three Ordinary members.

(2) The Chairman may summon any public officer to a meeting of the Supreme Military Council whenever in his opinion the business before the Council renders the presence of the officer desirable.

(3) The Chairman shall, so far as is practicable, attend and preside at all meetings of the Supreme Military Council, and, in the absence of the Chairman, there shall preside–

(a) the 1st Vice-Chairman;

(b) in the absence of the 1st Vice-Chairman, the 2nd Vice-Chairman; or

(c) in the absence of the 1st and 2nd Vice-Chairmen, such Ordinary Member as the Council may elect for that purpose.

(4) Save as otherwise provided in this Decree, any question proposed for decision in the Supreme Military Council shall be determined by a majority of the votes of the members present and voting, and on any question proposed for decision in the Council, the person presiding shall have both an original vote and a casting vote.

(5) The Supreme Military Council may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that the quorum of the Supreme Military Council shall be the majority of members thereof.

(6) Subject to the provisions of this Decree, the Supreme Military Council may regulate its own procedure.

4. Functions of SMC and its Chairman

(1) The Supreme Military Council shall have power to exercise every function which by or under the Constitution vested in or exercisable by any Federal body or authority, other than the President and the federal Judiciary.

(2) The Chairman of the Supreme Military Council shall have power to exercise every function which by or under the Constitution vested in or exercisable by the President, other than the powers set out in Article 38.

5. President

(1) The President of the Commonwealth shall be elected by secret ballot, by an electoral college consisting of the members of the State Assemblies.

(2) A presidential election shall take place within 6 weeks of a vacancy in the office of President arising.

(3) There shall be one sole candidate for election, who shall be nominated by the Supreme Military Council and shall be elected on a motion supported by an absolute majority of the members of the Electoral College.

(4) The President of the Commonwealth may be removed from office, only for gross misconduct or incapacity, by a decision of the Supreme Military Council.

(5) The President of the Commonwealth shall have power to exercise every function which by or under Article 38 of the Constitution vested in or exercisable by the President.

(6) Whenever there is a vacancy in the office of the President of the Commonwealth or the President is overseas or incapacitated, the Chairman of the Supreme Military Council shall perform the functions of President.

6. Countersignature

Any enactment made by the Supreme Military Council shall be signed by the Chairman thereof and countersigned by the 1st and 2nd Vice-Chairmen and the Secretary thereof.

7. Citation and Amendment

This Decree may be cited as the Constitution of Military Government Decree and may be amended by a decision of the Supreme Military Council.

signed

Nicholas CAMERON

ACTING CHAIRMAN, Armed Forces Council; Acting President; President of the Senate

countersigned

General Yehoash VASILIAN

1st VICE-CHAIRMAN, Armed Forces Council; Chairman of the General Staff

George TURNBULL

SECRETARY, Executive Council; Head of the Commonwealth Civil Service

SMC Notice №1981-N-1

Whereas the Council of Ministers headed by President Norman Pym vacate office after an election of Representatives under the Constitution, and the President of the House of Representatives informed Us that this 5 August 2011, the House of Representatives, by the votes of more than half of the existing Representatives, resolved to appoint Yingluck SHINAWATRA Prime Minister;

In accordance with the Provisions of Section 4 to the Armed Forces Council Decree №1, I, G.Mar.Rep. Yehoash VASILIAN, Chairman of the Supreme Military Council of National Salvation, Head of State, Commader-in-Chief of the Armed Forces, HEREBY PROCLAIM AS FOLLOWS:

Name of Person	Responsibility in Supreme Military Council	Portfolio
G.Mar.Rep. Yehoash VASILIAN	Chairman	Foreign Affairs
		External Territories
		Trade and Industry
Mar.Rep. Jean-François CRESSON	1st Vice-Chmn.	Defense
		Communications
		Supply
		Emergency Preparedness
Gen. Valentín BENDJEDID	Representing Army	Finance
		Science
		Culture
		the Arts
		the Army
Adm. Sean BUCKLEY	Representing Navy	Justice
		Education
		the Navy
Air.Chf.Mshl. Tony PAPPALARDO	Representing Air Force	Home Affairs
		Air
		Civil Aviation
Gen. NGUYEN Binh Hien	Representing Marine Corps	National Development
		Social Services
		Health
Gen. Louis CALLAGHAN	Representing Gendarmerie	Homeland Security
		Customs and Excise
		Immigration
		Shipping and Transport
		National Service
Gen. Andrew HAMILTON	Representing Paratrooper Corps	Labor
		Media
		the Interior
Adm. George BÖHME	Representing Coast Guard	Housing
		Public Works
		the Environment

AMENDMENT OF 1983

SMC Ordinance №1983-O-22

1. Establishment of Constituent Assembly

(1) There shall be a Constituent Assembly, which shall be tasked with writing a new constitution for the Commonwealth.

(2) The Constituent Assembly shall consist of 600 delegates elected from party lists. The delegates will be selected to ensure that each political party has a share of delegates proportionate to its share of votes.

(3) The franchise in elections to the Constituent Assembly is universal, equal and secret. Subject to such conditions or restrictions as may be prescribed by the Supreme Military Council, every citizen of New Granada who is at least 18 years of age shall be entitled to vote in such elections.

(3) Subject to such conditions or restrictions as may be prescribed by the Supreme Military Council, every citizen of New Granada who is at least 21 years of age shall be eligible to stand for election to the Constituent Assembly.

2. Procedure of Parliament

(1) The Constituent Assembly shall meet twice a year in ordinary session.

(2) The Constituent Assembly may meet in extraordinary session at the request of the majority of its delegates or the Presiding Officer.

(3) Unless otherwise provided in this Decree, the Constituent Assembly may shall make its decisions by public vote by a simple majority of the delegates voting.

(4) Unless otherwise provided in this Decree, the quorum shall be a simple majority of the delegates. If there is no such quorum, the Constituent Assembly may nevertheless adjourn or compel absent delegates to attend.

(5) The Constituent Assembly shall make its own rules of procedure.

3. Presiding Officer and Deputies

(1) At its first sitting after any general election, the Constituent Assembly shall elect a Presiding Officer and one or more Deputy Presiding Officers.

(2) The Presiding Officer shall preside at sittings of the Constituent Assembly and shall be responsible for maintaining order.

(3) The functions of Presiding Officer may be exercised by a Deputy Presiding Officer.

4. Committees

The Constituent Assembly may establish committees and appoint members to them.

5. Proceedings to be public

Unless otherwise provided proceedings of the Constituent Assembly shall be held in public.

6. Privileges of delegates

(1) No delegate to the Constituent Assembly may be arrested, detained, prosecuted or proceeded against in respect of opinions given or votes cast by him in the Assembly in the exercise of his office.

(2) No delegate may, during a session of the Constituent Assembly or of one of its committees, be arrested or prosecuted for any offence, except with the authorisation of the Assembly in exceptional circumstances.

7. Life of Constituent Assembly

The life of the Constituent Assembly shall be for 4 years, or when the Assembly passes a new Constitution, whichever is earlier.

8. Proposal of bills

The Constituent Assembly may adopt bills to be proposed to the Supreme Military Council.

9. Procedure for passing new Constitution

A proposed new Constitution adopted by the Constituent Assembly shall not come into effect unless it is supported by the votes of no less than three-fifths of all the members of the Assembly, has been supported by the Supreme Military Council, and has been supported in a national referendum.

signed

Grand Marshal of the Republic Yehoash VASILIAN

CHAIRMAN, Supreme Military Council

countersigned

Marshal of the Republic Jean-François CRESSON

1st VICE-CHAIRMAN, Supreme Military Council

General NGUYEN Binh Hien

2nd VICE-CHAIRMAN, Supreme Military Council; Chief of Marine Staff

George TURNBULL

SECRETARY, Supreme Military Council; Head of the Commonwealth Civil Service