User:JosephKennedy/Constitution

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The Constitution of the Ashukov Federation.

Contents

Preamble

The nations of Akharnes, Dorién, Dradelia and Montania have united together to form a glorious and free democratic federation, known as the Ashukov Federation. This Constitution, as approved by the governments of Akharnes, Dradelia, Dorién and Montania shall create the Ashukov Federation as well as the means to govern it. �

Article 1

The Ashukov nation hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of Government, to determine its relations with other nations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions.

Article 2

It is the entitlement and birthright of every person born in the territory of Ashukovo, which includes its islands and seas, to be part of the Ashukov nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ashukovo. Furthermore, the Ashukov nation cherishes its special affinity with people of Ashukov descent living abroad who share its cultural identity and heritage.

Chapter I: The Federation

Article 3

The Name of the State is the Ashukov Federation.

Article 4

Ashukovo is a sovereign, secular, and independent democratic state.

Article 5

All powers of government, legislative, executive, and judicial, derive from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.

Article 6

These powers of government are exercisable only by or on the authority of the organs of State established by this Constitution.

Article 7

The National Flag of the Ashukov Federation is a vertical tricolour of blue, red, and white. The State Flag of the Ashukov Federation is the National Flag with the Coat of Arms of the Ashukov Federation in the center.

Article 8

The Coat of Arms of the Ashukov Federation shall consist of a Russian style red shield, with two lions on the left and right of the shield as supporters. Within the shield is an Akharnian eagle with a Russian style shield, with four stars within the shield. A white cloth is seen below the Shield, with the words “Ashukov Federation” in the centre and two Orthodox Crosses at each side of the cloth.

Article 9

The National Anthem of the Ashukov Federation is “Ashukovs, March On”, music composed by Vasily Solovyov-Sedoi and lyrics written by Joseph Kennedy.

Article 10

The motto of the Ashukov Federation is “Democracy, Brotherhood, Fatherland.”

Article 11

The following languages are recognized as official languages of the Ashukov Federation: Ashukov, English, and Russian. Provision may, however, be made by law for the exclusive use of any language for any one or more official purposes, either throughout the state or in any part thereof.

Article 12

The future acquisition and loss of Ashukov nationality and citizenship shall be determined in accordance with law.

Article 13

No person may be excluded from Ashukov nationality and citizenship by reason of the sex, race or sexual orientation of such person.

Article 14

Notwithstanding any other provision of this Constitution, a person born in the jurisdiction of Ashukovo, which includes its islands and seas, who does not have, at the time of the birth of that person, at least one parent who is an Ashukov citizen or entitled to be an Ashukov citizen is not entitled to Ashukov citizenship or nationality, unless provided for by law.

Article 15

Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens.

Chapter II: The President of the Federation

Article 16

There shall be a President of the Federation, hereinafter called the President, who shall take precedence over all other persons in the state and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law.

Article 17

The President shall be elected by the members of the Federal Assembly in a public ballot.

Article 18

A majority of not less than six tenths is needed to win the presidential election.

Article 19

The voting shall take place in the House of Territories of the Federal Assembly, and shall be overseen and organized by the Prime Minister.

Article 20

The President shall hold office for six months from the date upon which he enters his office, unless before the expiration of that period he dies, or resigns, or is removed from office, or becomes permanently incapacitated, such incapacity being established by the satisfaction of the Supreme Court.

Article 21

An election for the office of President shall be held not later than, and not earlier than, the fifteenth day before the date of the expiration of the term of office of every President, but in the event of the removal from office of the President or of his death, resignation, or permanent incapacity established as aforesaid (whether occurring before or after he enters upon his office), an election for the office of President shall be held within fifteen days after such event.

Article 22

Every citizen who has reached his fourteenth year of age is eligible for election to the office of President.

Article 23

Any member of the House of Territories may nominate themselves or another member for the office of President.

Article 24

Where only one candidate is nominated for the office of President it shall not be necessary to proceed to a ballot for his election.

Article 25

Subject to the provisions of this Article, elections for the office of President shall be regulated by law.

Article 26

The President shall not be a member of the House of Territories, and is forbidden from voting and proposing legislation. If a member of the House of Territories is elected President, his seat shall be regarded as vacated.

Article 27

The President shall not hold any other office or position of emolument in the federal government.

Article 28

The first President shall enter upon his office as soon as may be after his election, and every subsequent President shall enter upon his office on the day following the expiration of the term of office of his predecessor or as soon as may be thereafter or, in the event of his predecessor’s removal from office, death, resignation, or permanent incapacity established as provided by Article 20 hereof, as soon as may be after the election.

Article 29

The President shall enter upon his office by taking and subscribing publicly, in the presence of members of the Federal Assembly and the Supreme Judge, the following declaration:

“In the presence of the members of the Federal Assembly, the Supreme Court and before the people, I do solemnly and sincerely promise and declare that I will maintain the Constitution of Ashukovo and uphold its laws, that I will fulfill my duties conscientiously in accordance with the Constitution and the law, and that I will dedicate my abilities to the service and welfare of the people of Ashukovo.”

Article 30

The President may be impeached for stated misbehaviour.

Article 31

The President may be impeached by a Bill of the Federal Assembly, which must obtain the support of not less than two thirds of the sitting members.

Article 32

The President shall not have an official residence, and may reside where he chooses.

Article 33

The President shall, on the nomination of the Federal Assembly, appoint the Prime Minister, that is the head of government.

Article 34

The President shall, on the nomination of the Prime Minister with the previous approval of Federal Assembly, appoint the Council of Ministers.

Article 35

The President shall, on the advice of the Prime Minister, accept the resignation or terminate the appointment of any member of the Council of Ministers.

Article 36

The Federal Assembly shall be summoned and dissolved by the President on the advice of the Prime Minister.

Article 37

The President may in his absolute discretion refuse to dissolve the Federal Assembly on the advice of a Prime Minister who has ceased to retain the support of a majority in the Federal Assembly.

Article 38

The President may at any time convene a meeting of the Federal Assembly and the Council of Ministers.

Article 39

The right of pardon and the power to commute or remit punishment imposed by any court exercising criminal jurisdiction are hereby vested in the President, but such power of commutation or remission may also be conferred by law on other authorities.

Article 40

The powers and functions conferred on the President by this Constitution shall be exercisable and performable by him only on the advice of the Council of Ministers, save where it is provided by this Constitution that he shall act in his absolute discretion or after consultation with or in relation to the Federal Assembly, or on the advice or nomination of, or on receipt of any other communication from, any other person or body.

Article 41

Subject to this Constitution, additional powers and functions may be conferred on the President by law.

Article 42

In the event of the absence of the President, or his temporary incapacity, or his permanent incapacity established as provided by Article 20 hereof, or in the event of his death, resignation, removal from office, or failure to exercise and perform the powers and functions of his office or any of them, or at any time at which the office of President may be vacant, the powers and functions conferred on the President by or under this Constitution shall be exercised and performed by the Supreme Judge, or in his absence or inability to hold such functions, the Council of Ministers led by the Prime Minister.

Chapter III: The Federal Assembly

Article 43

The Federal Assembly is the national unicameral legislature of the Federation.

Article 44

The Federal Assembly consists of the President and the House of Territories.

Article 45

The sole and exclusive power of making laws for the State is hereby vested in the Federal Assembly; no other legislative authority has power to make laws for the State.

Article 46

Provision may however be made by law for the creation or recognition of subordinate legislatures and for the powers and functions of these legislatures.

Article 47

The Federal Assembly may provide for the establishment or recognition of functional or vocational councils representing branches of the social and economic life of the people.

Article 48

The Federal Assembly shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof.

Article 49

Every law enacted by the Federal Assembly which is in any respect repugnant to this Constitution or to any provision thereof, as determined by the Supreme Court, shall, but to the extent only of such repugnancy, be invalid.

Article 50

The Federal Assembly shall not declare acts to be infringements of the law which were not so at the date of their commission.

Article 51

The Federal Assembly shall not enact any law providing for the imposition of capital or corporal punishment.

Article 52

No military or armed force, other than one raised and supervised by the Federal Assembly, shall be raised or maintained for any purpose whatsoever.

Article 53

The Federal Assembly shall determine its own meeting times.

Article 54

The Federal Assembly shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.

Article 55

The Prime Minister or presiding member shall count the voting of the Federal Assembly and maintain order within the Assembly’s chamber.

Article 56

The Federal Assembly shall consist of members chosen by the legislatures of the Autonomous States. Each Autonomous State is allocated two seats in the House of Territories.

Chapter IV: Legislation

Article 57

A Bill may be initiated by any member of the House of Territories.

Article 58

A Bill must be approved by the Prime Minister before a vote of the House of Territories can take place. If the Prime Minister does not make judgment within seven days of the Bill’s initiation, it will be deemed that he consents for the Bill to be voted on.

Article 59

Upon a Bill’s presentation to the House of Territories for a vote, due time for debate must be allowed in accordance with the wishes of the members of the House of Territories.

Article 60

For a Bill to be deemed passed by the Federal Assembly, it must obtain a majority of support within the sitting members, with the exception of where this Constitution states it must obtain a larger majority. In the event of a tie, the President of the Ashukov Federation shall cast the deciding vote.

Article 61

A Bill is enacted into law upon the President ascribing his signature to such a Bill, if the Bill has not been ascribed with the President’s signature within seven days of its passing by the Federal Assembly, the Bill is regarded to have failed.

Article 62

A Bill must be proclaimed by the President in the following way:

“The Federal Assembly (that is, the people) has adopted the following:”

Chapter V: The Council of Ministers

Article 63

The Council of Ministers shall consist of not less than three and not more than fifteen members who shall be appointed by the President in accordance with the provisions of this Constitution.

Article 64

The executive power of the State shall, subject to the provisions of this Constitution, be exercised by or on the authority of the Council of Ministers.

Article 65

The Council of Ministers shall be accountable to the Federal Assembly.

Article 66

The head of the Council of Ministers, and also the head of government, is the Prime Minister.

Article 67

The Prime Minister shall keep the President generally informed on matters of domestic and international policy.

Article 68

The Prime Minister may nominate a Deputy Prime Minister.

Article 69

The Deputy Prime Minister shall act for all purposes in the place of the Prime Minister if the Prime Minister should die, or become permanently incapacitated, until a new Prime Minister shall have been appointed.

Article 70

The Deputy Prime Minister shall also act for or in the place of the Prime Minister during the temporary absence of the Prime Minister.

Article 71

The Prime Minister and Deputy Prime Minister must be members of the Federal Assembly.

Article 72

Every member of the Council of Ministers shall have the right to attend and be heard in the Federal Assembly.

Article 73

The Prime Minister may resign from office at any time by placing his resignation in the hands of the President.

Article 74

Any other member of the Council of Ministers may resign from office by placing his resignation in the hands of the Prime Minister for submission to the President.

Article 75

The President shall accept the resignation of a member of the Council of Ministers, other than the Prime Minister, if so advised by the Prime Minister.

Article 76

The Prime Minister may at any time, for reasons which to him seem sufficient, request a member of the Council of Ministers to resign; should the member concerned fail to comply with the request, his appointment shall be terminated by the President if the Prime Minister so advises.

Article 77

The Prime Minister shall resign from office upon his ceasing to retain the support of a majority in the Federal Assembly.

Article 78

The members of the Council of Ministers in office at the date of a dissolution of the Federal Assembly shall continue to hold office until their successors shall have been appointed.

Chapter VI: The Autonomous States

Article 79

The State recognizes the role of the Autonomous States in providing a forum for the democratic representation of local communities, in exercising and performing at local level powers and functions conferred by law and in promoting by its initiatives the interests of such communities. An Autonomous State is in political union with the Federation, in communal sovereignty, but no member holds sovereignty apart from the Federation. Members are no longer independent, but are in communion with sovereignty in the Federation. Member nations share sovereignty, but apart from the nation-state are not nation states but mere nations. Up to seven (7) Autonomous States may be simultaneously part of the Ashukov Federation.

Article 80

The Autonomous States of the Federation are Aetos, Akharnes, Montania, Mouzilo and Somster, each responsible for their own form of government and attributed the rights and obligations of States in accordance with this Constitution.

Article 81

All Autonomous State governments must be democratic. The Autonomous States must outline their system of governance and principal organs in a local Constitution.

Article 82

Autonomous States may have their own executive, legislative and judicial branches of government, all of which must be accountable to the local population and are subordinate to the respective federal branches.

Article 83

Each Autonomous State may choose the head of government’s title, but for simplicity’s sake they shall be known as Governor in federal politics.

Article 84

All Autonomous States must guarantee their citizens certain inalienable rights as outlined by this Constitution.

Article 85

For an Autonomous State to succeed from the Federation, Article 80 of this Constitution must be amended.

Chapter VII: International Relations

Article 86

Ashukovo affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.

Article 87

Ashukovo affirms its adherence to the principle of the pacific settlement of international disputes by international arbitration or judicial determination.

Article 88

Ashukovo accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.

Article 89

The responsibility for international relations ultimately lies with the Council of Ministers and the Foreign Minister, supervised by the President and the Federal Assembly.

Article 90

Ashukovo affirms that it is strongly against war, and shall only go to war if the people and territory of Ashukovo are endangered.

Chapter VIII: The Supreme Court

Article 91

Ashukovo shall have a judicial body to judge its citizens in accordance with this Constitution and the law.

Article 92

This body shall henceforth be known as the Supreme Court.

Article 93

The Supreme Court shall consist of two judges and one Supreme Judge of the Federation.

Article 94

The two standard judges and the Supreme Judge of the Federation are appointed to life tenure by the President.

Article 95

The President may at any time, for reasons which to him seem sufficient, request a member of the Supreme Court to resign; should the member concerned fail to comply with the request, the President may terminate his appointment.

Article 96

Each member of the Supreme Court has an equal vote in all matters.

Article 97

The Supreme Court shall be responsible for interpreting the Constitution and for handling lawsuits and criminal charges.

Chapter IX: Fundamental Rights

Article 98

The dignity of man is inviolable. To respect and protect it is the duty of all state authority. The Ashukov people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world. The following basic rights bind the legislature, the executive and the judiciary as directly enforceable law.

Article 99

Everyone has the right to the free development of his personality insofar as he does not violate the rights of others or offends against the constitutional order or the moral code

Article 100

Everyone has the right to life and to inviolability of his person. The freedom of the individual is inviolable.

Article 101

All persons are equal before the law.

Article 102

Men and women have equal rights. The state supports actual accomplishment of the equalization in rights of women and men and affects the removal of existent disadvantages.

Article 103

No one may be prejudiced or favoured because of his sex, his parentage, his race, his language, his homeland and origin, his physical or mental capabilities, his faith or his religious or political opinions

Article 104

Freedom of faith, conscience, religion and ideology is guaranteed providing the rights of others are not infringed upon.

Article 105

Everyone has the right freely to express and to disseminate his opinion by speech, writing and pictures and freely to inform himself from generally accessible sources. Freedom of the press and freedom of reporting by radio and motion pictures are guaranteed. There shall be no censorship. These rights are limited by the provisions of the general laws, the provisions of law for the protection of youth and by the right to inviolability of personal honour.

Article 106

Marriage and family enjoy the special protection of the state.

Article 107

Care and upbringing of children are the natural right of the parents and a duty primarily incumbent on them. The state watches over the performance of this duty.

Article 108

Separation of children from the family against the will of the persons entitled to bring them up may take place only pursuant to a law, if those so entitled fail in their duty or if the children are otherwise threatened with neglect.

Article 109

Illegitimate children shall be provided by legislation with the same opportunities for their physical and spiritual development and their position in society as are enjoyed by legitimate children.

Article 110

All public schools must be secular. No teacher may be obliged against his will to give religious instruction.

Article 111

The right to establish private schools is guaranteed. Private schools as a substitute for state or municipal schools require the approval of the state and are subject to the laws of the state. This approval must be given if private schools are not inferior to the state or municipal schools in their educational aims, their facilities and the professional training of their teaching staff, and if a segregation of the pupils according to the means of the parents is not promoted. This approval must be withheld if the economic and legal position of the teaching staff is not sufficiently assured.

Article 112

A private elementary school shall be admitted only if the educational authority finds that it serves a special pedagogic interest or if on the application of persons entitled to bring up children, it is to be established as an interdenominational or denominational or ideological school and a state or municipal elementary school of this type does not exist in the community.

Article 113

All Ashukovs have the right to assemble peacefully and unarmed without prior notification or permission. With regard to open-air meetings this right may be restricted by or pursuant to a law.

Article 114

All Ashukovs have the right to form associations and societies.

Article 115

Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited.

Article 116

The right to form associations to safeguard and improve westward and economic conditions is guaranteed to everyone and to all trades and professions. Agreements which restrict or seek to hinder this right are null and void; measures directed to this end are illegal.

Article 117

Privacy of letters, posts, and telecommunications shall be guaranteed. Restrictions may only be ordered pursuant to a statute. Where a restriction serves to protect the free democratic basic order or the existence or security of the Federation, the statute may stipulate that the person affected shall not be informed of such restriction and that recourse to the courts shall be replaced by a review of the case by bodies and auxiliary bodies appointed by the Federal Assembly.

Article 118

All Ashukovs enjoy freedom of movement throughout the Federal territory. This right may be restricted only by or pursuant to a statute, and only in cases in which an adequate basis of existence is dangerous and special burdens would arise to the community, or in which the restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the Federation or am Autonomous State, to combat the danger of epidemics, to deal with natural disasters or particularly grave accidents, to protect young people from neglect or to prevent crime.

Article 119

All Ashukovs have the right freely to choose their trade or profession their place of work and their place of training. The practice of trades and professions may be regulated by law.

Article 120

No one may be compelled to perform a particular work.

Article 121

Neither slavery nor involuntary servitude shall exist within the Federation, or any place subject to her jurisdiction.

Article 122

The home is protected. Searches may be ordered only by a judge or, in the event of danger in delay, by other organs as provided by law and may be carried out only in the form prescribed by law. Otherwise, this protection may be encroached upon or restricted only to avert a common danger or a mortal danger to individuals, or, pursuant to a law, to prevent imminent danger to public security and order, especially to alleviate the housing shortage, to combat the danger of epidemics or to protect endangered juveniles.

Article 123

No one may be deprived of his Ashukov citizenship. Loss of citizenship may arise only pursuant to a law, and against the will of the person affected it may arise only if such person does not thereby become stateless.

Article 124

No Ashukov may be extradited to a foreign country. Persons persecuted for political reasons enjoy the right of asylum.

Article 125

Everyone has the right individually or jointly with others to address written requests or complaints to the competent authorities and to the representative assemblies.

Chapter X: Amendments

Article 126

This Constitution may be amended through a Bill, in accordance with Chapter IV, that specifically specifies what text shall be amended and how it shall be amended.

Article 127

A Bill to amend this Constitution must obtain an approval from not less than two thirds of the Federal Assembly.

Chapter XI: Final Provisions

Article 128

Upon the approval of this Constitution by the legislatures of Akharnes, Dorién, Dradelia and Montania, the aforementioned Nations shall relinquish their sovereignty, and the Ashukov Federation shall be formed.