Amendments to the Constitution of Arsalania

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Although the National Parliament cannot make laws contrary to the Constitutional provisions, the Constitution itself is capable of being amended via a two thirds majority or a Popular referendum or a public initiative.

To date, the 2019 Constitution has been amended twice, which was the First Constitutional Amendment 2022 which was implemented to bring the Constitution into line with the 6 point 21 March Resolution and the 2nd Constitutional Amendment which was passed on 9 September 2022.

Process of Amendment

According to Article 16 (b) of the 2019 Constitution of the People's Republic of Arsalania, amendments may be made to Arsalania's constitution via several means, including Legislative vote. In such a case, it is stipulated that a majority of 80% of the house in favour of passing is required to enact a Constitutional Amendment.

Alternative Paths of amendment and repeal

Article 16 (b) also states that "Any such Constitutional Amendment or generally any provision already present may also be inducted or repealed via: i) Popular Petition or Referendum ii) Executive Order with Popular Support iii) Subsequent Parliamentary Vote" Henceforth, it is defined that the Constitution may also be amended by referendum or a public-initiated popular petition. Although it has never been formally done, the above passage also indicates that Constitutional amendments may also be enacted by an executive order (decreed by the Supreme Leader) with the condition of clear, documented popular support.

Constitutional Amendments

First Constitutional Amendment

On 2 April 2022, the first Constitutional Amendment was presented in a session of the National Parliament and passed unanimously thus making drastic changes to the Supreme Law of Arsalania and removing various previous features of the Constitution such as Secularism and Legalized Adultery while introducing new concepts such as the declaration of a State Religion (in this case Twelver Shi'a Islam)

Background

On 21 March 2021, a 6-point resolution calling for total reform of the Arsalanian People's Republic was passed unanimously. This has since been known as the '21 March Resolution' which called for a variety of actions, chiefly the adoption of an ideology known as 'Arsalanian Socialism', the adoption of Islam as the state religion and others.

Naturally, for full scale reform of the People's Republic to take place it was necessary for constitutional reforms to also be enacted.

Thus after a long transitional period from then onwards, in April 2022, the National Parliament accepted the proposed reforms as they were mandated by the previously accepted 21 March Resolution.

Original Proposal

The following points were contained in the original proposal which was presented by Supreme Leader Arsal Abbas Mirza:

  1. Editing of the Preamble and Foundation such that the actual territorial extent of the People's Republic at this time.
  2. Article Two of the Constitution shall be amended and the principle of secularity removed as well as the Federal nature of the government ratified into Arsalanian Law as such.
  3. Amend Article Nine to rename the ‘Provincial Council’ to the ‘Provincial Government’
  4. Amend Article Twelve to Bring it in line with the official terminology and functions. The Government of Arsalania shall officially be known as the ‘Federal Government’
  5. Amend Article Thirteen to utilize the proper legal name of the National Legislature, i.e. the National Parliament instead of the National Assembly.
  6. Amend Article Thirty Six to restrict the legal right of procreation between married couples only, the state should also assist in the process of educating the people in regards to this matter and to encourage parents to allow their children to marry once they reach physical and mental maturity.
  7. Amend Article Thirty Five, ‘Secularity’ shall be removed as a mandatory principle to be considered and the formation of parties focusing on representation of a specific religious group, however such shall not allow them to restrict membership from other religious groups.
  8. Amend Article Twenty Five to be ‘State Religion, Freedom of Religion and Belief’ and form two points with the secondary point consisting of the present contents. The main contents i.e. Article Twenty Five (a) will officially declare Islam (under the Ja’fari Fiqh’) as the State Religion with all other Fuqaha protected under law.
  9. Amend Article Two to declare Arsalanian Socialism as the official Ideology to be followed by the State.

Second Constitutional Amendment

In September 2022, the second constitutional amendment was tabled in the National Parliament. Although not as notably drastic as it's predecessor amendment, the second constitutional amendment cemented several key elements of the State Ideology into Arsalania's supreme law. A key example is the restriction of ownership & management of public infrastructure (power, water, electricity, etc ) to the state via amendment of Article 53 of the Constitution.

Original Proposal

The Seven point 2nd Constitutional Amendment is detailed as follows:

  1. Amendment of the Preamble to legally instate the newly integrated Autonomous National Territories as recognized parts of Arsalania as per the contents of the Constitution.
  2. Amendment of Article 12 for better consistency in Terminology
  3. Addition of Article  16 (b) to officially codify the process of Constitutional Amendment.
  4. Removal of various points of articles within the constitution which make references to Article 4 of the Constitution as well as others that make references to specific articles.
  5. Amendment of Article 47 to make explicit mention of the Ministry of Interior’s responsibility for deciding the criterion for deciding which as well as the Provincial Governments themselves that may choose to adopt a policy separate from the Central Government.
  6. Amendment of Article 53 to include several points specifically prescribing the ownership of basic public infrastructure (roads, electricity, water supply etc) to the State.
  7. Amendment of Article 9 to emphasize and codify the degree of autonomous governance awarded to the Provincial Governments.