Constitution of the National Republic of Thermodolia

Revision as of 12:16, 6 February 2022 by Thermodolia (talk | contribs)
Jump to navigation Jump to search
The Constitution of the National Republic of Thermodolia
JurisdictionThermodolia
Created9 April, 1897
Presented10 April, 1897
Ratified8 July, 1897
Date effective12 October, 1898
SystemFederal Semi-Presidential Democratic Republic
Branches4
ChambersBicameral
ExecutivePresident as Head of State and Chief Executive
Prime Minister as Head of Government
JudiciaryConstitutional Court, National Court, Appellates, Districts, Circuits
FederalismFederation
Electoral collegeNo
Entrenchments3
First legislature12 October, 1898
First executive12 October, 1898
First court13 October, 1898
Amendments15
Last amended12 August, 2021
LocationFederal Archives Library
Commissioned byNational Senate
Author(s)Constitutional Convention of 1894
Signatories95 out of the 130 Delegates
Media typePaper
SupersedesThe Interim Constitution of Thermodolia

The Constitution of the National Republic of Thermodolia or the Constitution of Thermodolia for short. Is the currently governing constitution of Thermodolia coming into force on 12 October, 1898 after being ratified in a referendum on 12 July, 1897 where it obtained 72% of the vote well passing the 65% needed for ratification.

Background

History

Influences

Orginal Frame

Preamble

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Amending the Constitution

Standard Requirements

Article 7 of the Constitution is the article from which all rules for amending the constitution originally come from, however since the adoption of the 14th amendment the rules have changed slightly.

Under the orginal rules a proposed amendment needed the support of 65% of the National Assembly, 66% of the Federal Senate, and approval of the executive before being presented to the people for ratification.

However if the executive refused to support the amendment then 75% in boththe Federal Senate and National Assembly would have to support the amendment in order to overcome the effective veto of the executive.

After the proposed amendment had won the support of the Federal Parliament and executive it went to the people of Thermodolia for ratification. Ratification would only be achived if 65% of the people voted for the amendment in a federal referendum.

After the 14th Amendment was ratified and adopted into the constitution in August 2021 the rules where slightly changed. Instead of the three different thresholds the proposed amendments would need to pass the 14th amendment simplified these to just 60%.

So as it currently stands an amendment needs to gain the support of 60% of the National Assembly, 60% of the Federal Senate, the executive, and 60% of the people. The 75% requirement to overturn the effective veto of the executive still remains unchanged.

In addition the 14th amendment added the provision that all referendums would only be valid if there was a turnout of 51% or more. Otherwise the amendment will not be ratified, even if the 60% threshold was reached.

Proposing Amendments

Under Article 7, and unchanged by the 14th anendment, amendments shall be able to be proposed by the President, Prime Minister, or any member of the Federal Parliament. Unlike other constitutions members of the general public and the judiciary are barred from proposing any amendments to the constitution.

In addition to the above no amendment shall be proposed to amend Articles 8 and 23, and Section 3 of Article 7. These sections and articles are the only permanent parts of the Constitution

Alternative Amendment Process

In addition to the regular amending process there is an additional amending process thst has been established. However just like the regular amending process this alternative process has also been affected by the 14th amendment.

Under the orginal rules of Section 4 of Article 7 a majority of provinces where able to come together in the form of a constitutional convention to propose amendments to the constitution. The amendments proposed by this constitutional convention would then have to be ratified by the people with 65% approving of the amendment.

After the 14th Amendment the rules where changed so that only 60% support of the people was required for ratification and that the referendum also required a turnout of 51% or more to be considered valid and thus be added to the constitution. No changes where made to the provinces ability to come together in the form of a constitutional convention to propose amendments.

As of 2021 no amendments have been asded to the constitution in this way, only two proposed amendments where created using this method but both of them failed to pass the then required threshold of 65%

Ratified Amendments

Since the constitution came into force on 12 October, 1898 it has been amended a total of 15 times. These amendments cover a wide range of topics from elections to term limts to constitutional reform. The most recent amendments being the 14th and 15th amendments ratified on 12 August, 2021.

Amendment 1

Amendment 2

Amendment 3

Amendment 4

Amendment 5

Amendment 6

Amendment 7

Amendment 8

Amendment 9

Amendment 10

Amendment 11

Amendment 12

Amendment 13

Amendment 14

Amendment 15

Proposed Amendments

Judical Review

Worldwide Influence

Criticisms