Constitution of the Fifth Republic of Aenderia, 2020

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Note

AMENDMENTS AND SUSPENSIONS TO THE CONSTITUTION ARE NOT LABELED.

  • THE LEGISLATIVE POWER SECTION OF CHAPTER 2 IS NO LONGER IN EFFECT AND HAS BEEN REPLACED BY THE SACRAMENTO SENATE ACT, 2020.[1]

Chapter 1 - Proclamation

WHEREAS the people from the states of Arpet, Socialist New Hanoi and Noyan, and the overseas territories of Aaron Island, Bepistan New Zealand, Cyntell, Lamb Sauce Universe, and Nouveau Montréal, have agreed to unite into one nation. This document shall establish the government of the Fifth Aenderian Republic here on out.

1. Citation

This act’s long name shall be “An act to constitute the Fifth Aenderian Republic, 2020”. This act’s short name shall be “Constitution Act, 2020”.

2. Commencement of Act

This act shall be effective on the day when the President of the current Fifth Aenderian Republic signs this document. The Fifth Aenderian Republic shall be re-established, and this document shall be effective.

3. Area Jurisdiction

This act shall be effective in the states of Arpet, Socialist New Hanoi and Noyan, and the overseas territories of Aaron Island, Bepistan New Zealand, Cyntell, Lamb Sauce Universe, and Nouveau Montréal (“Fifth Aenderian Republic”). This shall be binding on the courts, judges, and people of the Republic.

4. Amendments

This act shall amend the following:

- Constitution Act, 2019; and amendments made to it:
- Amendment 5, 2019 (11 August 2019)
- Fifth Amendment, 2019 (20 July 2019)
- Amendment X, 2019 (25 January 2019)
- Amendment III, 2019 (24 June 2019)
- Amendment 3, 2019 (22 February 2019)
- Second Amendment Bill (20 February 2019)
- First Amendment, 2019 (19 February 2019)
- National Heritage Act, 2019;
- Executive Order 9; and
- The Aenderese reintegration and framework for states act.

This act shall only be amended through an Act of Parliament, reaching a fifty per cent (50%) majority vote, and a referendum to the citizens of the Fifth Aenderian Republic (“Citizens”), reaching a fifty per cent (50%) majority vote.

5. Questions

All questions on stuff before the Notary General review shall be ceded by Jayden Lycon. All questions on stuff that the Notary General changed shall be ceded by William Efton.

Chapter 2 - Government

1. Legislative Power

Aenderia’s legislative power shall be in a Parliament, consisting of a unicameral House of Commons.

1.1 Members of the House of Commons

The House of Commons shall be composed of members directly chosen by the people of the Republic through a democratic election.

Members shall serve in an unlimited number of terms, where each term is four (4) months. After four (4) months have passed since the start of the term, the House of Commons is mandated to be dissolved and therefore starting an election to elect the next House of Commons. Refer to the Election chapter regarding rules to elections.

The House of Commons shall consist of a number of members deemed sufficient by the Parliament and is practically achievable, and if the House of Commons deems it is necessary, shall increase or decrease the number of seats in the house with an Act of Parliament.

There shall be three different distinctions of seats in the House:

- Elected Seats, seats that are awarded to the winner of an election and are filled with a person;
- Privy Seats, seats that are awarded to those in the Privy Council and are filled with a person; and 
- Prize Seats, seats that are awarded to the political parties of those who win the Presidential elections and grab the most seats in the House excluding Privy Seats. These seats are not filled by a person when awarded but retain their voting powers. These seats may be filled by the party with a member of their choosing under their discretion, with or without a federally sanctioned democratic election.

Members of the House of Commons have the duty to

- Propose, debate and to vote on legislation;
- To represent the Aenderian people; and
- Follow and enforce Aenderian law.

1.2 Speaker

The Speaker of the House shall be the President. The Deputy Speaker(s) of the House shall be the Vice President(s). By any chance, if there is a colitated Federal Privy Council, there can only be one Speaker but there can be an unlimited amount of Deputy Speakers of the House. In such a case, the Federal Privy Council is required to choose a Speaker of the House. Any presidential hopeful candidates in the election preceding the event who did not win the vote will become Deputy Speaker(s) of the House.

The Speaker of the House shall oversee and supervise all meetings of the House of Commons, and enforce order.

This constitution grants the Speaker of the House powers to the right to

- Kick members of the house temporarily if the Speaker deems that he or she is being disruptive;
- Host and cancel House of Commons meetings; and
- The power to allow and/or stop members of the House of Commons from speaking for sufficient reason.

1.3 Process of Proposal to the House of Commons

To propose to the House of Commons, all members must send in their proposals to the Notary General for reading and approval. If it gets approved it shall be discussed and voted upon in the House of Commons. If it passes in the House of Commons, the President has the option to sign it - effectively making it law.

There are multiple rules regarding approval in the Notary General; those being:

- The proposed act does not interfere with the Constitution Act, 2020 (unless if it is an Amendment); and
- The proposed act can be physically, monetarily, or politically achieved.

After it passes the Notary General, the Speaker will present the act. Members of the House of Commons will vote on it, and if it reaches a majority, it is signed or vetoed by the President.

1.4 Process of Amending the Constitution Act

For amending this very document, it must be approved by the Notary General. Refer to 1.3 Process of Proposal to the House of Commons for the rules.

After it passes the Notary General, the Speaker will present the act. Members of the House of Commons will vote on it, and if the favoring vote reaches at least seventy (70%) percent, it is then signed or vetoed by a majority vote on the Federal Privy Council.

1.5 Process of Proposal when the House of Commons is inactive

To propose to the House of Commons, all members must send in their proposals to the Notary General for reading. After, it shall be discussed and voted upon in the House of Commons. If it passes in the House of Commons, the President has the option to sign it.

There are multiple rules into approval in the Notary General; those being:

- The proposed act does not interfere with the Constitution Act, 2020 (unless if it is an Amendment); and
- The proposed act can be physically, monetarily, or politically achieved.

After it passes the Notary General, the Notary General will present the act into the public for a referendum. Once it hits a seventy (70%) percent majority, the President will then sign or veto the proposal.

1.6 Process of Amending the Constitution Act when the House of Commons is inactive

For amending this very document, it must be approved by the Notary General. Refer to 1.5 Process of Proposal when the House of Commons is inactive for the rules.

After it passes the Notary General, the Notary General will present the act into the public for a referendum. Once it hits a majority, it is then signed or vetoed by a majority vote on the Federal Privy Council.

1.7 Federal Privy Council relations to the House of Commons

All Federal Privy Council members gain a seat in the House of Commons, and voting rights that come with it. These seats are to be designated Privy Seats.

1.8 Official Opposition

The Official Opposition is a member of Parliament for which:

- He/she is the leader of the highest party in seats which does not hold power in government
- He/she is a Member of Parliament

The Official Opposition is the chief critic of the President. If there is a coalition Privy Council and the parties in that Council have an equal number of seats in the House total, the Opposition position should be handed down to the party with the least seats total.

1.9 Dissolution of Parliament

Albeit all House members and seats are subject to a limited term, the House of Commons reserves the right to dissolve Parliament through an Act of No Confidence, thus vacating all Seats of the House and starting a new election. An Act of No Confidence requires a seventy percent (70%) supermajority to pass.

1.9.1 The Fourth Republic Act

The President may reasonably deny an Act of No Confidence if:

- The President agrees to enter into a Coalition Federal Privy Council with parties that combined control more than forty percent (40%) of seats of the House of Commons;
- Three (3) or more Acts of No Confidence were passed during a period of thirty (30) days; or
- A non-partisan jury approves such a request.

This shall only be done to prevent a political crisis.

1.10 Quota

To ensure that the activity of Aenderia is protected, a minimum requirement of one (1) proposal (A small bill or question, e.g. “Should the Government join the Cupertino Alliance?”) to be decided on a week shall be placed. If this quota is not met more than two (2) times, it is a failure of duty and the government will go provisional, starting new elections for the House of Commons. This quota resets every term.

Similarly, a requirement of one (1) bill (A proposal spanning 2 or more pages) to be passed every two (2) weeks shall be placed. If this quota is not met more than two (2) times, it is a failure of duty and the government will go provisional, starting new elections for the House of Commons. This quota resets every term.

The President is required to propose at least one (1) proposal every month. If this quota is not met more than two (2) times, it is a failure of duty and therefore an impeachable offence. Furthermore, the President is required to propose at least one (1) bill every four (4) weeks. If this quota is failed more than two (2) times, it is a failure of duty and therefore an impeachable offence.

The Vice President is required to propose at least one (1) proposal every two (2) weeks. If this quota is failed more than two (2) times, it is a failure of duty and therefore an impeachable offence. Furthermore, the Vice President is required to propose at least one (1) bill every four (4) weeks. If this quota is failed more than two (2) times, it is a failure of duty and therefore an impeachable offence.

The Speaker of the House is mandated to hold or attend at least one (1) session every two (2) weeks. If they fail this requirement for at least two (2) times, it is a failure of duty and therefore an impeachable offence.

The Deputy Speaker of the House is mandated to take over the Speaker of the House when they can’t attend a meeting. If they fail to meet this requirement for at least two (2) times, it is a failure of duty and therefore an impeachable offence.

Members of the House of Commons require to vote at least two (2) times a month (“Voting requirement”). Furthermore, members of the House of Commons are required to propose one (1) new proposal every two (2) months (“Proposing bills requirement”). If they fail to meet this requirement for at least two (2) times (voting requirement) or for at least one (1) time (proposing bills requirement), it is a failure of duty and therefore an impeachable offence. The proposing bill’s requirement is waived if there are insufficient proposals to vote.

To make sure that the public is trustful in our government to ensure that these requirements are checked, the public shall be allowed to view the House of Commons chat. This right is not extended to the House of Commons voting channel, however, screenshots must be provided at the public’s request.

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References