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| The '''Constitution of Rwizikuru, 1946''' ({{wp|Shona language|weRwizi}}: ''Bumbiro reRwizikuru'') was the {{wp|governing government}} of the [[Rwizikuru#Republic|Republic of Rwizikuru]] during its existence from 1946 to 1964, when the republic was abolished by [[President of Rwizikuru|President]] [[Izibongo Ngonidzashe]] and replaced with the current [[Monarchy of Rwizikuru|monarchy]], with the constitution itself replaced by the ''[[Basic Law of Rwizikuru]]''.
| | {{Infobox political post |
| | |post = Prime Minister |
| | |body = Surrow |
| | |nativename = Tshishemishku utessit ({{wp|Innu-aimun|Chequan}})<br>Angajuqqaaq nunagijattinnut ({{wp|Inuktitut|Itchalnu}}) |
| | |flag = Surrow_CoA.png |
| | |flagsize = 150px |
| | |flagborder = |
| | |flagcaption = [[Coat of arms of Surrow]] |
| | |department = |
| | |image = TimHouston.png |
| | |alt = |
| | |incumbent = [[Dwight Timbrell]] |
| | |incumbentsince = 16 December, 2018 |
| | |style = {{wp|The Right Honourable}} |
| | |residence = [[Government House, Holcot Inlet]], [[Holcot Inlet]], [[Surrow]] |
| | |nominator = |
| | |member_of = [[Parliament of Surrow|Parliament]] |
| | |appointer = [[Governor of Surrow|Governor]] |
| | |termlength = Up to four years |
| | |termlength_qualified = No term limits |
| | |constituting_instrument = [[Constitution of Surrow]] |
| | |inaugural = [[Clarence Bradley]] |
| | |formation = 1915 |
| | |last = [[Ted Fisher]] |
| | |abolished = 24 June, 1950 |
| | |succession = [[President of Surrow]] |
| | |deputy = [[Deputy Prime Minister of Surrow]] |
| | |salary = |
| | |website = |
| | }} |
| | The '''Prime Minister of Surrow''' was the {{wp|head of government}} of [[Surrow]] from when it was granted full {{wp|self-government}} by [[Rythene]] in 1915 until Surrow was granted independence in 1950. By custom, the Prime Minister of Surrow was the leader of the largest party in the [[Parliament of Surrow|Surrowese Parliament]], or otherwise had the most support among the members of Parliament. |
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| ==Constitution (original text, 1946)== | | ==List== |
| ===Preamble=== | | {| class="wikitable" style="width:100%; text-align:center;" |
| :''For over three hundred years, we have been exploited by [[Euclea|Eucleans]], whether they came in the form of [[Estmere|Estmerish]] slavers, [[Gaullica|Gaullican]] settlers, or many others''
| | |- |
| :''For over three hundred years, we were mistreated, abused, and looked down upon by Eucleans, and saw our countrymen and our resources sold abroad, with little of the proceeds coming back to us''
| | ! {{Abbr|№|Number}} |
| :''Despite all the hardships that we have endured for over three hundred years, we have persevered through the hardships, and triumphed over all our enemies''
| | ! width=5%| Portrait |
| :''Now, we have received our promised reward: to proclaim the establishment of the Republic of Rwizikuru as a free, independent, and sovereign country!''
| | ! width=10%| Name |
| | | ! Took office |
| ===Chapter 1: Governance=== | | ! Left office |
| ====Article 1: Presidency==== | | ! Days |
| *'''§1''' The head of state shall be the [[President of Rwizikuru|President]]
| | ! Election |
| **'''§1a''' He shall be elected every four years by all citizens over the age of twenty-one (21) years, and may be re-elected exactly once
| | ! width=10%| Political party |
| **'''§1b''' The President must be a citizen over the age of twenty-one (21) years
| | |- |
| *'''§2''' He shall serve as the:
| | |colspan=8 style="background-color:#C0C0C0;" align=center|'''1915-1950'''<br />[[File:Surrow_Flag.png|30px]] • Prime Minister of Surrow • [[File:Surrow_Flag.png|30px]] |
| **'''§2a''' {{wp|Head of state}} of the Republic
| | |- |
| **'''§2b''' {{wp|Head of government}} of the Republic
| | |- style="background:#EEEEEE" |
| **'''§2c''' {{wp|Commander-in-chief}} of the [[Royal Rwizikuran Armed Forces|Armed Forces]]
| | ! style="background:#00247D; color:white;" rowspan="2"|1 |
| **'''§2d''' Thus, he will have all the duties and responsibilities of these three roles, depending on the situation at hand
| | |rowspan="2"|[[File:Sir_Edward_Morris_-_Bain_Collection_crop.jpg|80px]] |
| | | |rowspan="2"|[[Clarence Bradley]]<br/><small>(1856-1932) |
| ====Article 2: National Assembly==== | | |24 June, 1915 |
| *'''§1''' The national legislature of the Republic shall be designated as the [[National Assembly (Rwizikuru)|National Assembly]]
| | |24 October, 1932 |
| **'''§1a''' The National Assembly shall have 150 legislators, with their distributions subject to change after every decennial census
| | |{{Age in years, months and days|1915|06|24|1932|10|24}} |
| ***'''''i)''''' The seat distribution for the first and second national assemblies, elected both this year, and in 1950, shall be listed in [[#Seat distributions]]
| | | [[Elections in Surrow#1915|1915]]<br>[[Elections in Surrow#1919|1919]]<br>[[Elections in Surrow#1923|1923]]<br>[[Elections in Surrow#1927|1927]]<br>[[Elections in Surrow#1931|1931]] |
| ***'''''ii)''''' There shall be 150 districts, with each legislator representing one district
| | | style="background:#00247D; color:white;"|[[Fishermen's Protective Union (Surrow)|{{color|white|FPU}}]] |
| **'''§1b''' The National Assembly shall be elected every four years by all citizens over the age of twenty-one (21), and all candidates must be citizens over the age of twenty-one (21)
| | |- |
| ***'''''i)''''' Legislative elections shall be held concurrently with the Presidential elections
| | | colspan="5"|<small>Longest serving Prime Minister of Surrow, with five majority [[Fishermen's Protective Union (Surrow)|FPU]] governments. Introduced basic welfare, regulations to ensure the merchants charged fair prices, instituted a minimum wage, and began building a road network to connect communities on [[Holcot Island]]. Died in office.</small> |
| *'''§2''' The National Assembly is empowered to pass any legislation, providing that it does not conflict with this constitution
| | |- style="background:#EEEEEE" |
| *'''§3''' The National Assembly must meet at least once every twelve (12) months
| | ! style="background:#00247D; color:white;" rowspan="2"|2 |
| | | |rowspan="2"|[[File:Richard_Squires.jpg|80px]] |
| ====Article 3: Judiciary====
| | |rowspan="2"|[[Eddie Hammond]]<br/><small>(1884-1945) |
| *'''§1''' The legal system of the Republic of Rwizikuru shall be {{wp|common law}}
| | |24 October, 1932 |
| **'''§1a''' All laws passed by the Estmerish authorities shall remain in effect until otherwise repealed
| | |27 September, 1934 |
| *'''§2''' The court system shall be organized as such:
| | |{{Age in years, months and days|1932|10|24|1934|09|27}} |
| **'''§2a''' {{wp|Magistrates' courts}}, empowered to hear cases involving {{wp|summary offences}}, or any instance of juvenile delinquency
| | | ''none'' |
| **'''§2b''' {{wp|County Court (England and Wales)|District courts}}, empowered to hear cases involving civil and family law
| | | style="background:#00247D; color:white;"|[[Fishermen's Protective Union (Surrow)|{{color|white|FPU}}]] |
| **'''§2c''' {{wp|Assizes|Courts of the Assizes}}, empowered to hear cases involving {{wp|indictable offences}}, and appeals from both the magistrates' courts and the district courts
| | |- |
| **'''§2d''' {{wp|High Court of Justice|High Court}}, empowered to hear appeals from the Assizes
| | | colspan="5"|<small>Attempted to reform the fisheries and eliminate the power of the merchants completely, leading to [[Ted Fisher]] and many on the party to create the [[United People's Party (Surrow)|United People's Party]] in June 1934. Was ousted by a caucus revolt in September 1934.</small> |
| **'''§2e''' {{wp|Military courts}}, empowered to hear cases committed in the [[Royal Rwizikuran Armed Forces|armed forces]], regardless of whether it is a summary or indictable offence
| | |- style="background:#EEEEEE" |
| **'''§2f''' {{wp|Court of Appeals}}, empowered to hear appeals from all lower courts
| | ! style="background:#00247D; color:white;" rowspan="2"|3 |
| **'''§2g''' [[Supreme Court of Rwizikuru]], the {{wp|court of last resort}}, and hearing appeals from the Court of Appeals
| | |rowspan="2"|[[File:Lord_Macdonald.jpg|80px]] |
| ***'''''i)''''' The Supreme Court shall comprise of nine members, appointed by the [[President of Rwizikuru|President]] on the advice of his cabinet, and approved by the [[National Assembly (Rwizikuru)|National Assembly]] with a three-fifths (3/5ths) majority
| | |rowspan="2"|[[Gilbert Bray]]<br/><small>(1888-1966) |
| ***'''''ii)''''' The Supreme Court shall be empowered to conduct {{wp|judicial review}} in the event it is unclear that the law conflicts with the constitution
| | |27 September, 1934 |
| | | |24 June, 1935 |
| ====Article 4: Administrative divisions==== | | |{{Age in years, months and days|1934|09|27|1935|06|24}} |
| *'''§1''' The Republic of Rwizikuru shall be divided into twelve (12) districts, with the borders standing as they were prior to independence
| | | ''none'' |
| **'''§1a''' The government has the right to rename the districts to their native names without altering the constitution
| | | style="background:#00247D; color:white;"|[[Fishermen's Protective Union (Surrow)|{{color|white|FPU}}]] |
| *'''§2''' The powers of the districts shall be any power that the government deems fit to delegate to the districts via law
| | |- |
| *'''§3''' Chiefs of the districts shall be appointed by the President, with consultation from the cabinet, although with a 2/3rds majority, the National Assembly may overrule the candidate
| | | colspan="5"|<small>Shortest serving Prime Minister of Surrow. Attempted to take a more moderate course and to try and reunite the [[United People's Party (Surrow)|United People's Party]] with the Fishermen's Protective Union. Was defeated in the 1935 elections.</small> |
| | | |- style="background:#EEEEEE" |
| ===Chapter 2: Rights and freedoms===
| | ! style="background:#354C9C; color:white;" rowspan="2"|4 |
| ====Article 1: Languages==== | | |rowspan="2"|[[File:BradleyKingSmallwood1948_(cropped).jpg|80px]] |
| *'''§1''' The official languages of the Republic of Rwizikuru are {{wp|Shona language|weRwizi}} and {{wp|English language|Estmerish}}
| | |rowspan="2"|[[Ted Fisher]]<br/><small>(1900-1991) |
| *'''§2''' All citizens have the right to receive governmental services, information, and to be educated in their official language, and that no person shall be discriminated based on which official language they speak
| | |24 June, 1935 |
| | | |24 June, 1950 |
| ====Article 2: Religion====
| | |{{Age in years, months and days|1935|06|24|1950|06|24}} |
| *'''§1''' In light of the existence of {{wp|Christian|Sotirian}} and [[Irfan|Irfanic]] communities, with varying sects among both of them, the Republic of Rwizikuru declares that all people have the right to practice their faith in a legal manner
| | | [[Elections in Surrow#1935|1935]]<br>[[Elections in Surrow#1954|1954]]<br>[[Elections in Surrow#1939|1939]]<br>[[Elections in Surrow#1943|1943]]<br>[[Elections in Surrow#1947|1947]] |
| | | | style="background:#354C9C; color:white;"|[[United People's Party (Surrow)|{{color|white|United People's}}]] |
| ====Article 3: Democratic rights====
| | |- |
| *'''§1''' All citizens who are over the age of 21 have the right to vote and run for office, unless convicted of {{wp|treason}} or {{wp|sedition}}
| | | colspan="5"|<small>Reversed Eddie Hammond's reforms to the fisheries, while strengthening regulations to ensure that fishermen were able to sell goods at a fair price. Invested significantly in {{wp|Newfoundland outports|outports}}, with schools and clinics being built en masse during his term, oversaw the construction of the [[Surrow International Airport]] during the [[Second Great War (Levilion)|Second Great War]], and negotiated independence from [[Rythene]] in the aftermath of the Second Great War. Became the first [[President of Surrow]] in 1950.</small> |
| | | |} |
| ====Article 4: Legal rights====
| |
| *'''§1''' All people in the Republic of Rwizikuru have the right to life, liberty, and security
| |
| *'''§2''' All people in the Republic shall have the right to be protected from {{wp|unreasonable search and seizure}}
| |
| *'''§3''' No person in the Republic may be detained arbitrarily
| |
| *'''§4''' All people in the Republic shall have the right to {{wp|legal counsel}} and to be guaranteed {{wp|habeas corpus}}
| |
| *'''§5''' All people in the Republic shall be {{wp|presumed innocent until proven guilty}} in a court of law
| |
| *'''§6''' All people in the Republic shall be protected from {{wp|cruel and unusual punishment}} and from {{wp|self-incrimination|incriminating themselves}}
| |
| *'''§7''' All people in the Republic shall be treated equally in a court of law
| |
| | |
| ====Article 5: Fundamental freedoms====
| |
| *'''§1''' All people in the Republic of Rwizikuru have the right to the {{wp|freedoms of speech}}, {{wp|freedom of thought|of thought}}, and {{wp|freedom of expression|of expression}}
| |
| *'''§2''' All people in the Republic shall have {{wp|freedom of the press}} to report on pressing issues unmolested by government or by any private citizen
| |
| *'''§3''' All people in the Republic shall have the right to engage in {{wp|freedom of association|free association}} and {{wp|freedom of assembly|assemble}} in public spaces
| |
| | |
| ===Chapter 3: Amendments and limitations===
| |
| ====Article 1: Amendments==== | |
| *'''§1''' Any amendment must first be proposed in the [[National Assembly (Rwizikuru)|National Assembly]]
| |
| *'''§2''' Amendments require:
| |
| **'''§2a''' a three-fifths (3/5s) majority to alter any article in the first chapter of this constitution, excluding the fourth article of the first chapter, as well as the fourth chapter, and any amendment
| |
| **'''§2b''' a two-thirds (2/3rds) majority to alter the fourth article of the first chapter of this constitution
| |
| **'''§2c''' a three-quarters (3/4s) majority to alter any article in the second chapter of this constitution
| |
| **'''§2d''' a four-fifths (4/5ths) majority to alter any article in this chapter of this constitution
| |
| *'''§3''' The President has the discretion to approve the amendment, or not:
| |
| **'''§3a''' If the President grants assent, it shall enter into force immediately
| |
| **'''§3b''' Else, it returns to the assembly, where the National Assembly has to override the veto with three-quarters (3/4s) of the members voting: if they fail to do so, the amendment fails
| |
| | |
| ====Article 2: Limitation clause====
| |
| *'''§1''' In the event that passed legislation violates the constitution, and it is declared unconstitutional by the [[Supreme Court of Rwizikuru|Supreme Court]], it must review whether the legislation can still remain in effect
| |
| *'''§2''' The government has the duty to prove during the review that the benefits of the offending legislation outweigh any substantial risks
| |
| *'''§3''' Should the Supreme Court accept the government's arguments, the legislation will stay in effect, even if it is declared unconstitutional
| |
| | |
| ====Article 3: State of emergency==== | |
| *'''§1''' In the event of insurrection or a natural disaster, the government has the power to declare a {{wp|state of emergency}}
| |
| **'''§1a''' The state of emergency can last up to one hundred and eighty (180) days, before it has to be renewed by the [[National Assembly (Rwizikuru)|National Assembly]], though it may be renewed as many times as necessary to deal with the situation
| |
| *'''§2''' During a state of emergency, the government has the power to suspend any part of the constitution, and to implement {{wp|martial law}}
| |
| | |
| ===Chapter 4: Technical details=== | |
| ====Article 1: Language==== | |
| *'''§1''' This constitution shall be valid in any official language
| |
| *'''§2''' In the event of a dispute as a result of translation, the {{wp|English language|Estmerish}} version takes priority over the {{wp|Shona language|weRwizi}} version
| |
| | |
| ====Article 2: Citation====
| |
| *'''§1''' This document may be cited as the ''Constitution of Rwizikuru'', or the ''Constitution of Rwizikuru, 1946''
| |
| | |
| ==Amendments==
| |
| ===Additional articles (July 1946)===
| |
| ====Article 1: Seat distributions====
| |
| :''Pursuant to [[#Article 2: National Assembly|the second article of the first chapter]], the seats shall be distributed among the [[Rwizikuru#Administrative divisions|districts]] proportional to their populations in the 1941 census''
| |
| | |
| *[[Parunoguma|Fitzhubert]] shall receive thirty-seven seats
| |
| *[[Yekumavirira|Olongaland]] shall receive thirty seats
| |
| *[[Dzakakwirira|Plateau]] shall receive eighteen seats
| |
| *[[Zvakawanda|Zakawanda]] shall receive seventeen seats
| |
| *[[Ndarira|Graham]] shall receive thirteen seats
| |
| *[[Chekumabvazuva (district)|Chekumabazuva]] shall receive eleven seats
| |
| *[[Hunidzakafa|Hunizakafa]] shall receive eight seats
| |
| *[[Tsungirirai|Sungirai]] shall receive five seats
| |
| *[[Sangoguru kumaodzanyemba|South Sangoguru]] shall receive four seats
| |
| *[[Mumbengegwi|Mumbengewi]] shall receive four seats
| |
| *[[Sangoguru kuchamhembe|North Sangoguru]] shall receive two seats
| |
| *[[Nyikaitsva]] shall receive one seat
| |
| | |
| ====Article 2: National symbols====
| |
| *'''§1''' The flag of the Republic of Rwizikuru shall comprise of:
| |
| **'''§1a''' Three horizontal stripes of black, red, and green
| |
| ***'''''i)''''' Black shall represent the subcontinent of [[Bahia]], the {{wp|Africans|Bahians}}, and the soil of the [[Rwizi River]]
| |
| ***'''''ii)''''' Red shall represent the blood shed by Rwizikurans during the [[Great War (Kylaris)|Great War]], as well as in their struggle for independence from [[Estmere]]
| |
| ***'''''iii)''''' Green shall represent the nature of Rwizikuru, and the fertility of the nation
| |
| **'''§1b''' There shall be two red stars at the corners of the flag, representing {{wp|African socialism|our socialist goals}}
| |
| ***'''''i)''''' The upper left star shall represent {{wp|anti-imperialism}} and the efforts of the [[Mubatanidzwa weRusununguko rweRwizikuru|Rwizikuran National Movement]] to end colonial rule
| |
| ***'''''ii)''''' The lower right star shall represent {{wp|socialism}}, and our desire to be part of the socialist community of nations, while adapting it to conditions in Bahia
| |
| *'''§2''' The official seal of the Republic of Rwizikuru shall depict a right-facing silver elephant head on a green shield, with no crown or supporters
| |
| *'''§3''' The national anthem of the Republic of Rwizikuru shall be ''[[Pasi pemureza wenyika yedu]]''
| |
| | |
| ====Article 3: Citizenship====
| |
| *'''§1''' A citizen of Rwizikuru shall be defined as being:
| |
| **'''§1a''' Any person who is an Estmerish national by virtue of their connection to the colony of Riziland, and their descendants
| |
| **'''§1b''' Any Estmerish citizen who has expressed their intention to stay in Rwizikuru following its independence from Estmere on 2 July, 1946, and their descendants
| |
| **'''§1c''' Any person present in the territory of Rwizikuru on 2 July, 1946, who lacked any other nationality
| |
| | |
| (TBC)
| |
| | |
| ===First Amendment (November 1946)===
| |
| :''Wishing to reflect the reality of a sovereign nation, with a sovereign language, we declare that:''
| |
| | |
| *'''§1''' The second section of the first article of the fourth chapter shall be revised, so that the {{wp|Shona language|weRwizi}} text shall take precedence over the {{wp|English language|Estmerish}} text
| |
| | |
| (TBC)
| |
• Prime Minister of Surrow • 
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