User:Glide08/Sandbox/Ruritania CA
CONSTITUTIONAL ACT NO. 1 "Constitution (Organization of Government) Act"[edit]
1. Short Title This Constitutional Act may be cited as the "Constitution (Organization of Government) Act".
2. Supremacy of Constitutional Acts (1) This Act and any other Constitutional Act is supreme and its provisions shall have binding force on the authorities and persons throughout the Ruritania. (2) Ruritania shall not be governed, nor shall any persons or group of persons take control of the Government of Ruritania or any part thereof, except in accordance with the provisions of this Act or of any other Constitutional Act. (3) If any other law is inconsistent with the provisions of this Act or of any other Constitutional Act, the Constitutional Act shall prevail, and the other law shall, to the extent of the inconsistency, be void.
3. Republic of Ruritania Ruritania is one, indivisible, indissoluble, democratic, sovereign, independent, republic.
4. Legislative Power (1) The legislative powers of Ruritania shall be vested in a Parliament, which shall consist of a Senate and a House of Representatives. (2) Parliament shall have power to make laws for the peace, order and good government of Ruritania or any part thereof with respect to any matter, subject to the provisions of any Constitutional Act relating to regional legislatures. (3) If any Law enacted by any regional legislature as may be established by a Constitutional Act is inconsistent with any law validly made by Parliament, the law made by Parliament shall prevail, and that other Law shall, to the extent of the inconsistency, be void. (4) Save as otherwise provided by this Constitution, the exercise of legislative powers by Parliament or by a regional legislature shall be subject to the jurisdiction of courts of law and of judicial tribunals established by law, and accordingly, the National Assembly or a House of Assembly shall not enact any law, that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law. (5) Notwithstanding the foregoing provisions of this section, Parliament or a regional legislature shall not, in relation to any criminal offence whatsoever, have power to make any law which shall have retrospective effect.
5. Executive Power (1) Subject to the provisions of this Act and any other Constitutional Act, the executive powers of Ruritantia: (a) shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by Parliament, be exercised by him either directly or through officers subordinate to him; and (b) shall extend to the execution and maintenance of this Act and any other Constitutional Act, all laws made by the Parliament and to all matters with respect to which Parliament has, for the time being, power to make laws. (2) The executive powers of any region as may be provided a regional legislature by a Constitutional Act: (a) shall be vested in such executive authority as may be established for that region by any Constitutional Act and may, subject as aforesaid and to the provisions of any Law made by a House of Assembly, be exercised by it either directly or through officers in the public service of the region; and (b) shall extend to the execution and maintenance of this Act and any other Constitutional Act, all laws made by the regional legislature and to all matters with respect to which the regional legislature has for the time being power to make laws. (3) The executive powers vested in a region under subsection (2) of this section shall be so exercised as not to:- (a) impede or prejudice the exercise of the executive powers of Ruritania; (b) endanger any asset or investment of the Government of Ruritania in that State; or (c) endanger the continuance of the Republic of Ruritania.
6. Judicial Powers (1) The judicial powers of Ruritania shall be vested in the courts to which this section relates. (2) The Supreme Court shall be the only superior court of record in Ruritania; and save as otherwise prescribed by Parliament, the Supreme Court shall have all the powers of a superior court of record. (3) Nothing in the foregoing provisions of this section shall be construed as precluding Parliament:- (a) from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of the Supreme Court or from abolishing any court which it has power to establish or which it has brought into being; and (b) from conferring recognition on tribunals and other such quasi-judicial institutions or from withdrawing any recognition so conferred on them. (3) This section relates to:- (a) the Supreme Court of Ruritania; (b) the Regional Courts; and (c) the Magistrates' Courts. (4) The judicial powers vested in accordance with the foregoing provisions of this section - (a) shall extend, notwithstanding anything to the contrary in this Act or any other Constitutional Act, to all inherent powers and sanctions of a court of law; and (b) shall extend, to all matters between persons, or between government or authority and to any persons in Ruritania, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person.
7. Adoption and Amendment of Constitutional Acts (1) Parliament may, subject to the provision of this section:- (a) alter any of the provisions of this Act; and (b) adopt such other Constitutional Acts as it may consider appropriate to provide for the rights, freedoms and obligations of the people, and the principles of the organization of the state; and (a) alter any of the provisions of any such Constitutional Act so adopted. (2) A Constitutional Act shall not be passed by Parliament, unless:- (a) the proposal is supported by the votes of not less than two-thirds of all the members of each House, notwithstanding any vacancy; or (b) the proposal is supported by the votes of not less than a majority of all the members of each House, notwithstanding any vacancy, and approved, in a referendum, by the votes of at least two-fifths of all persons eligible to vote in that referendum.