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cartel.gov - Draft of Sixth Constitution (June 2019)

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The Constitution of the Communist Cartel

Table of Contents

The Constitution
0. Preamble
1. The Region
2. Citizenship
3. The Presidency
4. The Government
5. The Judiciary
6. The Court of Auditors
7. Legislative Process
8. Charter of Fundamental Rights

For a full list of amendments and proposed amendments, click here.


Preamble

WE THE PROLETERIAT of the Communist Cartel, hereby ordains and establishes this as our sixth Constitution to uphold the blessings of communism, to secure equal justice under law, to protect the liberties of thought, expression, belief, faith and worship, to provide for equality of status and opportunity, and to form a more perfect region.

IN WITNESS WE, the first Parliament of the Communist Cartel, hereby ratify and promulgate this Constitution on the twenty-fourth of June in the year two thousand and nineteen,

Article 1 – The Region

Sovereignty

§ 1. The Communist Cartel, established by the Founder, has an inalienable, indefeasible and sovereign right to form its own government, determine its own relations, and establish its own Constitution as an independent and democratic region.

§ 2. The Communist Cartel, as a sovereign region, shall not be beholden to any external force, group, organisation or entity.

The Cartelwealth

§ 3. The sovereign territory of the Communist Cartel shall consist of the Communist Cartel and other regions acquired, collectively known as the Cartelwealth.

§ 4. The Communist Cartel shall have the power to devolve power to local government institutions of its Cartelwealth territories.

§ 5. The Communist Cartel and its government institutions shall exercise full jurisdiction over the Cartelwealth and shall take precedence over their devolved counterparts, should conflict arise.

Article 2 – Citizenship

Application of citizenship

§ 1. Individuals that have World Assembly membership and have been resident for seven (7) days in the Communist Cartel shall be eligible to apply for citizenship.

§ 2. Upon application of citizenship, individuals must provide the name of their World Assembly nation residing in the Communist Cartel, the names of all their other nations within the Cartelwealth and the names of regions and organisations which they are a citizen or equivalent member thereof.

§ 3. The Court of Auditors shall grant citizenship to any individual who meets the prerequisite constitutional and legal requirements, provided that the Court of Auditors believe they are not a security threat to the Communist Cartel.

§ 4. The General Secretary and the Premier shall have the power to nominate individuals to the Court of Auditors for honourary citizenship, which shall have the same legal effect as citizenship.

Application of visas

§ 5. Individuals that have been resident for seven (7) days in the Communist Cartel shall be eligible to apply for a visa.

§ 6. Upon application of a visa, individuals must provide the name of their World Assembly nation, the names of all their other nations within the Cartelwealth and the names of regions and organisations which they are a citizen or equivalent member thereof.

§ 7. The Court of Auditors shall have the power to grant visas to any individual who meets the prerequisite constitutional and legal requirements, provided that the Court of Auditors believe they are not a security threat to the Communist Cartel.

Revocation of citizenship and visas

§ 8. The Court of Auditors shall revoke the citizenship of any citizen who ceases to meet the constitutional and legal criteria for application and maintenance of citizenship.

§ 9. The Court of Auditors shall revoke the visas of any individual who ceases to meet the constitutional and legal criteria for application and maintenance of visas.

§ 10. The Court of Auditors shall have the power to conduct and maintain a census to assist its duties.

Article 3 – The Presidency

Office of the presidency

§ 1. The President shall be the Head of State of the Communist Cartel, the chair of the Court of Auditors, the Commander in Chief of the Cartelian Revolutionary Guard, which shall be the Communist Cartel’s main military institution, and the Communist Cartel’s lawful World Assembly Delegate.

§ 2. The President shall be appointed by the Court of Auditors. Only Auditors shall be eligible to become President.

§ 3. The President may not hold any office of government, or be a justice of the courts during their tenure.

§ 4. The President must renounce all political affiliations and must remain impartial and non-partisan throughout their tenure.

Responsibilities and powers of the presidency

§ 5. The President shall be responsible for the day-to-day running of the Court of Auditors and its independent commissions.

§ 6. The President shall be granted the regional powers of the Executive, World Assembly, Appearance, Border Control, Communications, Embassies and Polls.

§ 7. The President shall have the power to delegate their role as Commander in Chief of the Cartelian Revolutionary Guard. The President shall have the power authorise military actions and operations.

§ 8. The President, with the advice and consent of the General Secretary and Premier, shall have the power to grant amnesties, pardons, reprieves and commutations for all offences against the Communist Cartel, except in cases of no confidence.

Removal from office

§ 9. Should the Court of Auditors, excluding the President themselves, lose confidence in the President’s ability to faithfully exercise their duties due to their neglect of responsibilities, abuse of authority, violations of the law or their violation of political impartiality, they shall have the power to pass a motion of no confidence against the President and immediately remove them from office.

§ 10. Should the President be found guilty of an offence that results in imprisonment, ejection or a ban, they shall be immediately removed from office.

§ 11. If the incumbent President is removed from office, the Court of Auditors shall appoint a President pro Tempore to fill the vacancy until the end of the presidential term.

Article 4 – The Government

Office of the government

§ 1. The General Secretary and the Premier shall be the joint Heads of Government of the Communist Cartel and the joint chairs of the Politburo, which shall be the government cabinet of the Communist Cartel.

§ 2. The General Secretary shall be appointed by the President following the election of the Premier. The former Premier who held office before the election shall be appointed as the General Secretary. Only citizens are eligible to be appointed as General Secretary.

§ 3. The Premier shall be elected by the public every (1) calendar month. Only citizens are eligible to run for Premier.

§ 4. The General Secretary and the Premier may not hold the office of the presidency or be a justice of the courts during their tenure.

§ 5. No person shall hold the office of Premier for two consecutive terms.

Responsibilities and powers of the government

§ 6. The government shall be responsible for the maintenance of the World Factbook Entry, regional border control, law enforcement, domestic and inter-regional communications, promotion of media and the press, and management of foreign relations.

§ 7. The General Secretary and Premier shall have the power to delegate these responsibilities to public officials and government departments.

§ 8. The General Secretary and the Premier shall be granted the regional powers of Appearance, Border Control, Communications and Embassies.

§ 9. Orders, actions and directions of the General Secretary must require, for their validity, the countersignature or explicit approval of the Premier, and vice versa.

§ 10. The General Secretary and the Premier shall have the power to nominate and terminate the appointments of public officials of the Politburo. Only citizens shall be eligible to become public officials.

§ 10.1. The General Secretary and the Premier shall have the power to assign public officials portfolios and delegate certain responsibilities of the government to them.

§ 10.2. The General Secretary and Premier shall have the power to grant a maximum of two regional powers of their own choosing. These powers can be Appearance, Border Control, Communications or Embassies.

Removal from office

§ 11. Should the citizens lose confidence in the General Secretary, Premier or in one of their public official’s ability to faithfully exercise their duties due to their neglect of responsibilities, abuse of authority or violations of the law, they shall have the power to trigger a public vote of no confidence.

§ 11.1. A public vote of no confidence shall be held once a petition with the required number of signatures is submitted to the Court of Auditors by the citizens. The number of signatures required shall be half of the turnout of the last Premier election.

§ 11.2. If two-thirds (2/3) of citizens, excluding the concerned official themselves, vote in favour of the motion of no confidence, the concerned official shall be immediately removed from office.

§ 12. Should the General Secretary, Premier or a public official be found guilty of an offence that results in imprisonment, ejection or a ban, they shall be immediately removed from office.

§ 13. If the General Secretary is removed from office, the incumbent Premier shall be appointed as the new General Secretary to fill the vacancy.

§ 14. If the Premier is removed from office, the Court of Auditors shall appoint an interim Premier to fill the vacancy until the end of the government’s term.

Article 5 – The Judiciary

Office of the judiciary

§ 1. The Supreme Court shall be highest court within the jurisdiction of the Communist Cartel and the Cartelwealth. It shall be comprised of justices who shall serve renewable terms of four (4) calendar months.

§ 2. Justices shall be appointed by the President following a nomination by the Court of Auditors. Only citizens are eligible to be appointed as justices.

§ 3. Justices may not hold the office of the presidency or any office of government during their tenure.

§ 4. Justices must renounce all political affiliations and must remain impartial and non-partisan throughout their tenure.

Responsibilities and powers of the judiciary

§ 5. The judiciary shall be responsible for the protection of the integrity of the Constitution, the supreme law of the region, as well as any laws, treaties, and statutory instruments below it, the mediation of legal disputes between parties, and the holding fair and impartial trials for convicted citizens.

§ 6. Justices shall be granted the regional powers of Border Control and Communications.

§ 7. The Supreme Court shall have the power of judicial review to determine whether laws, treaties, statutory instruments, constitutional amendments, actions, orders and directions are compatible with the Constitution.

§ 7.1. If a simple majority of justices believe that the laws, treaties, statutory instruments, constitutional amendments, actions, orders and directions concerned are incompatible with the Constitution, they shall be declared as unconstitutional and be invalidated and disapplied with immediate effect.

§ 8. The Supreme Court shall have the power to preside over lawsuits between parties and trials of convicted citizens.

§ 8.1. If a justice is involved in a legal case or if they have a conflict of interest, they shall recuse themselves from presiding over the lawsuit. If there are no available justices of the Supreme Court to preside over the lawsuit, the Court of Auditors shall temporarily appoint a citizen as a judge to preside over the lawsuit concerned.

§ 9 The Supreme Court shall have the power to issue court orders, summons, arrest warrants, and other warrants as prescribed by law.

§ 9.1. Court orders shall have the power to issue warnings, issue injunctions, issue prison sentences, summon individuals to testify or produce evidence before the Supreme Court, extract compensation, eject, ban, temporarily suspend legal and constitutional powers of government office, and legally compel the government and the Court of Auditors to perform acts within their legal and constitutional power.

§ 9.2. Arrest warrants shall have the power to legally compel law enforcement to arrest individuals.

Removal from office

§ 10. Should the Court of Auditors, excluding the justice themselves, lose confidence in a justice’s ability to faithfully exercise their duties due to their neglect of responsibilities, abuse of authority, violations of the law or their violation of political impartiality, they shall have the power to pass a motion of no confidence against the justice concerned and immediately remove them from office.

§ 11. Should a justice be found guilty of an offence that results in imprisonment, ejection or a ban, they shall be immediately removed from office.

Article 6 – The Court of Auditors

Office of the court

§ 1. The Court of Auditors shall be the highest organ of the civil service within the jurisdiction of the Communist Cartel and the Cartelwealth. It shall be comprised of auditors.

§ 2. Auditors shall be appointed by the President, with the advice and consent of the Court of Auditors.

§ 3. Auditors must remain impartial and non-partisan while exercising their duties as civil servants throughout their tenure.

Responsibilities and powers of the court

§ 4. The Court of Auditors shall be responsible for the regional security of the Communist Cartel, the management of elections, referendums, and votes of no confidence, the nominations process of the President and the justices of the courts, the management of citizenship and visa applications, maintenance of the census, and recruitment of new members into the Communist Cartel.

§ 5. The Court of Auditors shall have the power to delegate these responsibilities to independent commissions.

§ 6. Auditors shall be granted the regional powers of Appearance, Border Control, Communications, Embassies and Polls.

§ 7. Orders, actions and directions taken by the Court of Auditors must require unanimous consensus. Should the Court be unable to reach a consensus within seventy-two (72) hours, it shall act on the majority opinion of the Court.

§ 8. The Court of Auditors shall have the power to nominate and terminate the appointments of civil servants and commissioners. Only citizens shall be eligible to become civil servants and commissioners.

§ 8.1. The Court of Auditors shall have the power to assign civil servants and commissioners portfolios and delegate certain responsibilities of the Court of Auditors to them.

§ 9. The Court of Auditors shall have the power to administer and regulate all elections, public referendums, and votes of no confidence.

§ 10. The Court of Auditors shall have the power to rectify typographical, grammatical and formatting errors in the Constitution, laws, and other legal texts provided that such rectifications are declared publicly and a unanimous majority of justices present concur. Rectifications must not change the meaning or essence of the texts aforementioned.

§ 11. The Court of Auditors shall have the power to issue election orders, should there be a case of electoral misconduct or fraud.

§ 11.1. Election orders shall have the power to eject and ban offenders, prohibit voting, void and nullify votes, and bar candidacy.

Removal from office

§ 12. Should the Court of Auditors, excluding the auditor, civil servant or commissioner concerned themselves, lose confidence in an auditor’s, civil servant's or commissioner's ability to faithfully exercise their duties due to their neglect of responsibilities, abuse of authority, violations of the law or their violation of political impartiality, the Court of Auditors, with the advice and consent of the Founder, shall have the power to pass a motion of no confidence against the relevant official and immediately remove them from office.

§ 13. Should an auditor, civil servant or commissioner be found guilty of an offence that results in imprisonment, ejection or a ban, they shall be immediately removed from office.

Article 7 – Legislative Process

Legislative powers

§ 1. The Government shall be vested legislative powers of the Communist Cartel.

§ 2. The General Secretary and Premier shall have the power to submit and sign bills.

Competence

§ 3. Shared competence conferred by this Constitution shall grant the Court of Auditors the power to approve legislation and amendments on their shared areas of competence with the Government.

§ 4. The Government and the Court of Auditors shall have shared competence in the following areas:

§ 4.1. Regional security and law enforcement

§ 4.2. Elections, referendums and votes of no confidence

§ 4.3. Citizenship and visas

§ 4.4. The Judiciary and Court of Auditors

Bills

§ 5. Bills that have been signed by the General Secretary and Premier shall be referred to the Supreme Court which shall have seven (7) days, excluding election days, to pronounce its decision on whether such a bill, or certain provisions of a bill are contrary to the Constitution, or whether such a bill is within an area of shared competence.

§ 5.1. If a bill or certain provisions of it are found to be unconstitutional, the bill shall be invalidated and nullified.

§ 5.2. If a bill is found to be within an area of shared competence, it shall be presented to the Court of Auditors, where they can either approve the bill or deny it.

§ 5.3. Should the bill be found constitutional, or if no pronouncement of the Supreme Court’s decision was made, the bill shall be presented to the President.

§ 6. The President may sign or veto bills presented to them.

§ 6.1. If a bill is signed by the President, the bill shall become law.

§ 6.2. If a bill is vetoed by the President, the bill shall be sent back to the General Secretary and Premier for reconsideration. If after reconsideration, the General Secretary and Premier resign the bill without changes, it shall be put to a public referendum. If a two-thirds (2/3) majority of citizens approve the bill in a public referendum, the bill shall override the veto and become law.

§ 6.3. If the President fails to either sign or veto a bill after seven (7) days of it being presented, excluding election days, the bill shall become law.

Executive orders

§ 7. The President, with the advice and consent of the Court of Auditors, shall have the power to issue executive orders to address issues which require immediate attention.

§ 7.1. Executive orders shall be automatically referred to the Supreme Court for judicial review.

§ 7.2. The General Secretary and Premier shall be presented with the executive order. They shall have the power to sign it into law.

§ 7.3. Executive orders expire within seven (7) days of enactment, but may be renewed by the President for an additional seven (7) days, with the advice and consent of the Court of Auditors.

Statutory instruments

§ 8. The Government shall have the power to delegate legislative powers to public officials, civil servants and commissioners through laws, which shall give them the ability to pass statutory instruments.

Amendments

§ 9. The General Secretary and Premier shall have the power to propose amendments to the Constitution.

§ 10. Proposed amendments that have been signed by the General Secretary and Premier shall be referred to the Supreme Court which shall have seven (7) days, excluding election days, to pronounce its decision on whether such an amendment, or certain provisions of an amendment are contrary to the Constitution, or whether such an amendment is within an area of shared competence.

§ 10.1. If an amendment or certain provisions of it are found to be unconstitutional, the amendment shall be invalidated and nullified.

§ 10.2. If an amendment is found to be within an area of shared competence, it shall be presented to the Court of Auditors, where they can either approve the amendment or deny it.

§ 10.3. Should the amendment be found constitutional, or if no pronouncement of the Supreme Court’s decision was made, the amendment shall be presented to the President.

§ 11. Proposed amendments shall be presented to the President who may sign or veto it.

§ 11.1. If a proposed amendment is signed by the President, or if the President fails to either sign or veto the proposal after seven (7) days of it being presented, excluding election days, it shall be put to a public referendum. If a simple majority of citizens approve the amendment in a public referendum, the amendment shall become legally binding and valid for all intents and purposes as part of this Constitution.

§ 11.2. If a proposed amendment is vetoed by the President, it shall be put through a minimum period of seven (7) days of public debate. After public debate, the proposal shall be put to a public referendum. If a three-quarters (3/4) majority of citizens approve the amendment in a public referendum, the amendment shall become legally binding and valid for all intents and purposes as part of this Constitution.

Article 8 – Charter of Fundamental Rights

Right to national sovereignty

§ 1. Everyone shall have the right to national sovereignty.

§ 2. The Communist Cartel shall not make laws directing or governing how citizens run their individual nations.

Freedom of expression

§ 3. Everyone shall have the right to free speech, free press, petition, freedom of peaceful assembly and freedom of association.

§ 4. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law in the interests of the Communist Cartel, public order, regional security or the rights and freedoms of others.

Freedom of religious and political beliefs

§ 5. Everyone shall have the right to their religious and political beliefs without discrimination.

§ 6. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law in the interests of the Communist Cartel, public order, regional security or the rights and freedoms of others.

Right to personal privacy

§ 7. Everyone shall have the right to personal privacy.

§ 8. Disclosure of affairs pertaining to real life without one's consent shall be prohibited.

Freedom from harassment

§ 9. Everyone shall have the right to be protected from verbal harassment and other forms of cyber-bullying.

Right to a fair trial

§ 10. Every citizen shall all be equal before the law and no citizen shall be deprived of their liberties without due process of law.

§ 11. Every citizen shall be entitled to a fair trial by an independent and impartial court established by law and shall be presumed innocent until proven guilty.

§ 12. The judgement and the proceedings of the trial shall be pronounced publicly unless the opinion of the court believes that it would prejudice the interests of justice, be against the interests of public order, or compromise regional security.

§ 13. No citizen shall be tried and punished again for an offence which they have been finally convicted or acquitted.

§ 14. No citizen shall be shall be held guilty of an offence on account of any act or omission which did not constitute an offence at the time it was committed.

Right to suffrage

§ 15. Every visa holder and citizen shall have the right to vote in a fair and free election and shall have the right to equal suffrage.

§ 16. Every visa holder and citizen shall be eligible to vote in elections, and public referendums, unless prohibited otherwise by the Court of Auditors.

§ 17. No constitutional amendment shall deprive visa holders and citizens of equal suffrage.

Freedom from discrimination and prejudice

§ 18. Everyone shall be free from discrimination and prejudice based on race, religion, sexual orientation, gender identity and national origin.



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