Girbetese Constitution of 1976

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Second Constitution of the Tichvaist Union of Girbeta of 1976
Signing-of-the-Cobbold-Report-of-the-Commission-of-Enquiry-North-Borneo-and-Sarawak.jpg
The Special Committee for Democracy in the Union during the signing of the Second Constitution in 1976.
Jurisdiction Girbeta
Created1 May - 3 July 1976
PresentedJuly 3, 1976; 48 years ago (1976-07-03)
RatifiedJuly 8, 1976; 48 years ago (1976-07-08)
Date effectiveDecember 22, 1976; 47 years ago (1976-12-22)
SystemFederal multi-party ecclesiocratic-republican semi-presidential republic
BranchesThree
ChambersBicameral (National Consultative Assembly); divided into two houses: the Chamber of Elders (Upper House), and Chamber of Deputies (Lower House)
ExecutiveExecutive Secretariat led by a Executive Secretary
Judiciary
  • National Arbitration
  • Judicial Commission
FederalismFederal
EntrenchmentsThree
AmendmentsSeven
Last amendedAugust 9, 2002 (2002-08-09) (7th)
LocationNational Archives, Saybäketle National Municipal Region, Girbeta
Author(s)
  • Special Committee for Constitutional Reform (CERC)
  • Special Committee for Democracy in the Union (CEDU)
SignatoriesAll members of the CERC, CEDU, and the 39 members of the Chamber of Elders
Supersedes
  • Constitution of the Tichvaist Union of Girbeta of 1957

The 1976 Girbetese Constitution is the basis for all laws in the Tichvaist Union of Girbeta. Developed in the aftermath of the Years of Lead and mass civil disobedience, The Constitution was developed in recognition of the failings of the original 1957 Constitution, as cited by the Special Committee for Democracy in the Union from their investigations into the causes of the conflicts.

The Committee stated the Constitution's shortcomings included failures to protect vulnerable and historically-disadvantaged populations, increasing isolation of communities, and an executive branch that, while ideally intended to ensure popular control of the government, effectively was a weak rubber stamp position subservient to the Revered Elder. Upon their report to the National Consultative Assembly in February of 1976, a vote of both houses of the Assembly authorized the establishment of the Special Committee for Constitutional Reform, a panel of respected Girbetese statesmen and political theorists from around the world which was placed in charge of developing a new constitution which "married the spirit and ideals of 1956 with the practical needs of a modern developing society". The resulting document dramatically reformed the government of the Federation, most strikingly by establishing the National Secretariat of Girbeta as a separate entity from the Legislature, as well as implementing a number of measures to develop its modern form of semi-direct democracy. It additionally affirmed an emphasis on local government and greater municipal autonomy, while also creating the current framework of national government which works to balance both the secular and religious elements of the nation. Accompanying these political reforms were broad protections for minorities in the country, and guarantees for human rights not originally included in the First Constitution.

Background

History

Legal standing

Contents

Preamble and Assertion of Sovereignty

Article I: Organization of the Tichvaist Union

Article II: Legislative Powers of the Combined Assemblies

Article III: Executive Powers of the National Directorate

Article IV: New Tichvaist Law and Arbitration

Article V: Devolution, Sovereignty, and Organization of Sub-National Regions and Governments

Article VI: Rights and responsibilities of the Citizen and Resident

Article VII: Religion

Article VIII: Education and Culture

Article IX: Cross-cultural Solidarity

Article X: Labor and the Economy

Article XI: The National Defense

Article XII: Mandate for permanent national, regional, and local public services and agencies

This article defines the compartments of the national, regional, and local governments and the services they are required to provide, as well as the process for organizing and overseeing these compartments.

Article XIII: Symbols of the Tichvaist Union

Further Information: National symbols of Girbeta

This article defines:

  • The National flag;
  • The Coat of Arms;
  • The National anthem;
  • The registry of national monuments which preserve the memory of the Revolution of 1955-56, the cultural legacy of the Girbetese peoples, and the achievements of the Tichvaist Union, and provisions for their maintenance;
  • Sites of ecological importance to Girbetese culture and the unique biology of the Union's territories, and provisions for their maintenance

Article XIV: Amendments to the Constitution

Amendments to the Constitution of the United Revolutionary Federation may be proposed by:

  • A motion to amend by the Regional Assembly of at least 1/4 of all Governorates and National; Cities in the nation, accompanied by at least 250,000 valid signatures from among the electorate within 18 months of of its presentation to the National Consultative Assembly.;
  • A motion to amend by members of the Chamber of Deputies which achieves a simple majority and subsequent majority vote by the Chamber of Elders within 18 months of its presentation;
  • A motion to amend via popular initiative, if it obtains valid signatures from at least 15% of the national electorate within 18 months of its presentation.

If one of these conditions are reached, a Constitutional Session of the Combined Assemblies is called, in which both houses of the National Consultative Assembly is required to achieve a supermajority during the session to immediately pass. If this does not occur, the proposed amendment may be put to a national popular vote during the next cycle of general elections, to which it only requires a simple majority to pass. If the proposed amendment is achieved by process of popular initiative, no vote is required during the Constitutional Session, but instead may immediately go to ballot following deliberations in the Combined Assemblies to refine and revise the proposal.

Amendments to the Constitution

Current Amendments

Pending Amendments