The Malivian Constitution

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The Malivian Constitution

Post by Admin on Fri Feb 17, 2017 4:39 pm

The Constitution of the Free State of Malivia
Preamble
We, the people of the Free State of Malivia, do hereby ordain and adopt this Constitution for the Free State of Malivia.
Article 1: The Free State of Malivia
(1) The Free State of Malivia is a Sovereign and Democratic Nation and the Sovereign Power belongs to the people of the Free State of Malivia. Sovereign Power shall be exercised in the manner provided for in this Constitution.
(2a) The Free State of Malivia shall be structured as a parliamentary democracy with a unicameral legislature and an elected Head of State.
(2b) The Free State of Malivia shall be structured as a parliamentary democracy under a constitutional monarch with a unicameral legislature.
(3) The National Flag and Motto shall be the flag and the motto adopted by two-thirds of the total number of members of the Parliament in accordance with the procedure set out in Article 3.
(4) This Constitution is the Supreme Law of the Land.
Article 2: The Parliament
(1) There shall be a legislature for the Free State of Malivia, called the Parliament, in which all legislative powers under this Constitution shall be vested. The Parliament shall have a maximum of 700 members elected by each State in accordance with the provisions of Article 13 for a term of office of 48 months.
(2) The Parliament shall have the power to make laws, to pass bills and legislation, to ratify treaties and international agreements, to amend this Constitution in accordance with the provisions of Article 14, and to ratify Cabinet Proposals in accordance with the provisions of Article 7.
(3) Each member of the Parliament shall be enlisted in a political party and shall be entitled to one seat only. Political parties shall represent their voters in the Parliament and cast their votes on their behalves.
Article 3: Legislative Process
(1) All political parties shall have the right to propose Bills.
(2) A Bill shall be passed by a simple majority of the members of the Parliament present and voting, except in cases where the Constitution provides otherwise.
(3) A Bill shall lapse from voting should an election intervene, in which case it shall be returned to the Parliament for debate.
(4) A Bill that has been passed by the Parliament shall enter into effect immediately upon its passage.
Article 4: The Executive
(1a) The executive power shall be vested in the President of Free State of Malivia and the Cabinet.
(1b) The executive power belongs to the President of Free State of Malivia, but shall be exercised by the Cabinet. The President of Free State of Malivia shall not be subject to responsibility; the members of the Cabinet are responsible.
(2) Executive decisions shall be entrusted in these bodies subject to the approval of the Parliament.
Article 5: The President of Free State of Malivia
(1a) The President of Free State of Malivia shall be the Head of State of the Free State of Malivia. He shall represent the Nation, guarantee its independence and see to it that this Constitution is observed.
(1b) The President of Free State of Malivia shall be the Head of State of the Free State of Malivia. He shall be the symbol of the Nation and the guarantee of independence.
(2) The President of Free State of Malivia shall be elected for a term of office of 48 months in accordance with the procedure set out in this Article and subject to the provisions of the sections 1 and 3 of Article 13.
(3) The President of Free State of Malivia shall be elected using a two round system. Each party shall have the right to
register one candidate for elections for the office of President of Free State of Malivia. A primary round of election
shall be held to select the two candidates for the second round.
(4) The two candidates having the largest number of votes in the primary election shall participate in the second round, the candidate having the highest number of votes in the second round shall be declared the new President of Free State of Malivia.
(2b) The monarchy of the Free State of Malivia is hereditary through direct, natural and legitimate descent from the President of Free State of Malivia, by order of primogeniture.
Article 6: The Cabinet
(1a) The Cabinet shall aid and advise the President of Free State of Malivia and conduct the policy of the Government.
(1b) The Cabinet shall exercise the executive power and conduct the policy of the Government.
(2) The Cabinet shall consist of 10 members. Each member, aside from the Head of Government, shall direct an administrative department and is responsible for the tasks and functions entrusted to his or her department.
(3) The Head of Government shall represent the Cabinet and the Government both at home and abroad. He shall chair the Cabinet and shall be responsible for the conduct of public business and the general government policy.
Article 7: Formation of Cabinet
(1) There shall be a Cabinet to assist the Head of State in the proper discharge of executive powers.
(1b) There shall be a Cabinet to exercise the executive powers on behalf of the Head of State.
(2) Any cabinet must be ratified by the agreement of more than a half of the Parliament, according to Article 3 of the Constitution.
(3a) It is the exclusive responsibility of the President of Free State of Malivia to propose a list of Cabinet members to assist him.
(3b) It is the exclusive responsibility of the political party holding the greatest number of seats in the Parliament to propose a list of Cabinet ministers to assist the President of Free State of Malivia, save that if more than one political party holds the greatest number of seats, that number being equal for all such parties, any or all of these may propose a list.
(3c) The responsibility of proposing a list of Cabinet members falls to political parties, any or all of whom may propose lists to assist the President of Free State of Malivia in the running of the country.
(4a) Until such a time as a cabinet is formed, the President of Free State of Malivia will hold executive power alone, subject to the agreement of the Parliament, according to article 3 of the Constitution.
(4b) A cabinet will continue to assist the President of Free State of Malivia, even if a new President of Free State of Malivia is elected, until a different Cabinet is ratified.
(4c) The Cabinet shall remain in office until such a time as a new Cabinet is formed.
Article 8: The Judiciary
The judicial authority shall be vested in a system of courts, both lower and constitutional. These courts shall have absolute power to ensure enforcement of the laws and constitution of the Free State of Malivia.
Article 9: Political Parties
(1) Political parties shall ensure that the will of the people prevails and, for this purpose, shall
represent their voters in the Parliament.
(2) A political party shall be registered in accordance with the national laws may be dissolved in
cases of inactivity or for violations of national law.
(3) Representation in the Parliament shall be determined through a general election in which all political parties may participate in accordance with the provisions of Article 13.
Article 10: Opposition Parties
(1) The opposition parties shall play a constructive role to ensure that the government and the
ruling parties function in accordance with the provisions of this Constitution, provide good
governance and strive to promote national interest and fulfil the aspirations of the people.
Their aim must be to make the Government responsible, accountable and transparent.
(2) The opposition parties shall have the right to oppose the elected Government and to question the Government�s conduct of public business.
Article 11: The States
The territory of the Free State of Malivia comprises the Constituencies of Bhulkhandra, Dendhadrash, Idhaghra, Walkaunar and Washebar. The national territory and the international territorial boundary of the Free State of Malivia is inviolable.
Article 12: Local Governments
Certain powers may be devolved to the Local Governments by the Parliament in accordance with the procedures set out in Article 3.
Article 13: Elections
(1) Under this Constitution, the general will of the people shall be the basis of government and it shall be expressed through periodic elections in which all political parties shall have the
right to participate.
(2) The method used to determine the number of seats each State receives in the Parliament shall be laid down by law in accordance with the provisions of Article 3.
(3) All political parties shall have the right to call for an early election at any time. A call for early elections shall require the vote of a majority of the total number of members of the Parliament in order to pass. Elections shall be scheduled upon the passage of such call for early elections.
Article 14: Amendment
Subject to the provisions of Article 3, the Parliament shall have the power to amend this Constitution. Amendments shall require a vote of two-thirds of the members of the Parliament in order to pass and may only apply to certain areas of this constitution.

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