Constitution of Carloso

Constitution of Carloso
Jurisdiction	Carloso
Date effective	20 June 1956
System	Federal parliamentary republic with an executive presidency
Chambers	Unicameral
Executive	President
Federalism	Federation

The Constitution of the Federal Republic of Carloso (Carlosian: TBD) is the fundamental law of Carloso.

While the constitution de jure established Carloso as a federal, parliamentary republic, since its enactment there has been much debate about whether this is the case in reality. Constitutional scholars had remarked that, in reality, Carlosian federalism is better described as a form of devolution, as seen in many unitary states. Few of the powers given to the provinces are constitutionally protected, and most have been granted purely at the discretion of the National Assembly.

Main provisions

Articles

Article 1 — National Assembly

Article I establishes the National Assembly as the legislature of Carloso. The article sets the number of National Assemblymen at 859, drawn from 286 three-member constituencies, plus an additional member representing the constituency from which previous Speaker of the National Assembly as elected. It sets the requirement that all members must be at lest 30 years of age and have no criminal convictions. National Assemblymen must be citizens of Carloso and also live within the constituency they represent, or alternatively in an adjacent constituency. Elections for the National Assembly are to be held every five years on the 11 November of years divisible by 5, with the new National Assembly commencing on the 11 February of the following year, immediately succeeding the previous legislature. Any bills going through the previous National Assembly at the time will have been deemed to have lapsed.

Upon the commencement of the new National Assembly, the Dean of the National Assembly; deemed to be the longest serving member of the National Assembly, will lead his colleagues in swearing the oath of allegiance, before ordering a vote to be held for the election of Speaker. Where there are National Assemblymen with equal lengths of service, the eldest of them will be deemed to be Dean. The office of the Speaker of the National Assembly serves as the presiding officer of the legislature, and the manner of their election is explained. The Dean of the National Assembly will direct the Clerk of the National Assembly and their staff to hold a voice, roll-call vote of the National Assembly, a process which will be repeated until a Speaker is elected. Upon the election of a Speaker, their first order of business will be the election of the President of the Executive Council. Again, a voice, roll-call vote is held, and the process will be repeated until a President is elected.

Criticism has been levied at the rigidity of the timescale of elections as established in Article I, and there have been various attempts over the years to change it, though with little success. Specifically, general elections may fall on a Sunday, which in many other jurisdictions is explicitly disallowed due to Sunday being the Lord's Day for Christians.

Article 3 — Combined Functions

The procedure for introducing bills in the National Assembly is explained, including the first reading, second reading, committee stage, report stage and third reading. The President may then sign the bill into law. The President has the power to veto legislation, which can be overruled by a two-thirds vote of the National Assembly.

The President's use of the power to veto legislation has only taken place on extraordinary occasions where certain procedural issues or issues of wording or interpretation were raised at the 'eleventh hour' which would have caused unintended consequences or legal challenges. Outside of this, constitutional scholars regard the President's power to veto as a 'nuclear option', with the possibility of freezing the operations of government. The use of the veto would heavily imply that the President has lost the confidence of the National Assembly, as at least some of his own party or governing coalition would have to have voted for the legislation for it to reach this stage, and would likely prelude the resignation of the President.

Article TBD — Referendums

This article provides that the Constitution may only be amended by a referendum, which requires the proposed amendment to be billed to the National Assembly and receive a majority vote. Referendums may only be scheduled to take place on the 11 November of any given year, and the amendment bill must be endorsed by the National Assembly within three months of 11 November, meaning the latest date in a given year that the National Assembly can agree to hold a referendum on a proposed amendment is 11 August. Otherwise, it will be delayed until the same date the following year. The article also requires the Executive Council to establish a temporary, non-partisan referendum commission to supervise the dissemination of information on the proposed amendment(s), chaired by a member of the High Court, the Clerk of the National Assembly, the Comptroller and Auditor General and the National Ombudsman. It also prohibits public funds being used in referendum campaigns by any body. Successful amendments may then be enacted following certification of the results by the High Court and being signed into law by the President, who is bound to comply.

Current text

Article I

THE NATIONAL ASSEMBLY
1. Legislative power will be vested in the National Assembly. Members of the National Assembly will be referred to as National Assemblymen and elected every five years on 11 November, taking office on 11 February of the following year Candidates seeking the office of National Assemblyman must be natural-born citizens of Carloso, resident in the country, and have attained the age of thirty years by or on the day of election. National Assemblymen will be elected from three-member constituencies by means of the single transferable vote. Should a National Assemblyman vacate their seat, a by-election will by held within five calendar months to fill that vacancy, unless in the insistence where the vacancy occurs within one annual year of the next general election.

Amendments

Color key:

  Referendum passed

  Amendment defeated by referendum

  Referendum pending or not held

Table of amendments and referendums relating to the Constitution of Carloso

Proposal	Enactment date	Subject	Referendum date	Electorate	Total poll	(%)	For	(%)	Against	(%)	Spoilt	(%)
16th Amendment	N/A	Divorce	11 November 2004	TBD	TBD	TBD	TBD	45.77	TBD	54.23	TBD	0.4
	Proposal to remove the constitutional ban on divorced individuals from remarrying prior to the death of their ex-spouse, and the requirement for a divorce to be sanctioned by the recognised church or religious organisation which officiated the marriage and for the couple to be separated for at least five years.
17th Amendment	N/A	Annulment	11 November 2006	TBD	TBD	TBD	TBD	48.32	TBD	51.68	TBD	0.3
	Proposal to remove the requirement for an annulment of marriage to be sanctioned by the recognised church or religious organisation which originally officiated it.
18th Amendment	N/A	Abortion	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A
	Proposal to remove the constitutional ban on abortion. It was due to be held on 11 November 2010 but was cancelled following the Corrective Revolution and annulled by order of the High Court, which was upheld by the Supreme Court. The Bill was ultimately expunged by the National Assembly on 18 March 2011.
19th Amendment	12 February 2016		11 November 2015	TBD	TBD	TBD	TBD	66.91	TBD	33.09	TBD	0.3
	Increased the mandatory retirement age for judges from 70 to 75. Put the convention that there be no more than 9 justices on the Supreme Court of Carloso on a constitutional basis following the events of the Corrective Revolution. Stripped the unlimited power of the President to appoint federal justices, now requiring confirmation by the Judiciary Committee of the National Assembly.
20th Amendment	12 February 2016	Abortion: restrictions on travel	11 November 2015	TBD	TBD	TBD	TBD	59.17	TBD	40.83	TBD	0.4
	Allowed the National Assembly to legislate for restrictions on the freedom to travel outside Carloso should it be for the purposes of procuring or assisting in an abortion.
21st Amendment	14 February 2019	Recognition of religions	11 November 2018	TBD	TBD	TBD	TBD	57.72	TBD	42.28	TBD	0.3
	Made Christianity the state religion of Carloso.
22nd Amendment			11 November 2024	TBD	TBD	TBD	TBD	TBD	TBD	TBD	TBD	TBD
	Proposal to establish a Senate as the upper house of a bicameral Congress, turning the National Assembly into a lower house.
23rd Amendment			11 November 2024	TBD	TBD	TBD	TBD	TBD	TBD	TBD	TBD	TBD
	Proposal to introduce restrictions on active euthanasia, forbiding the National Assembly from legislating for it.