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The Constitution of Rwizikuru, 1946 (weRwizi: Bumbiro reRwizikuru) was the governing government of the Republic of Rwizikuru during its existence from 1946 to 1964, when the republic was abolished by President Izibongo Ngonidzashe and replaced with the current monarchy, with the constitution itself replaced by the Basic Law of Rwizikuru.
Constitution (original text, 1946)
Preamble
- For over three hundred years, we have been exploited by Eucleans, whether they came in the form of Estmerish slavers, 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
- 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
- Now, we have received our promised reward: to proclaim the establishment of the Republic of Rwizikuru as a free, independent, and sovereign country!
Chapter 1: Governance
Article 1: Presidency
- §1 The head of state shall be the President
- §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
- §1b The President must be a citizen over the age of twenty-one (21) years
- §2 He shall serve as the:
- §2a Head of state of the Republic
- §2b Head of government of the Republic
- §2c Commander-in-chief of the Armed Forces
- §2d Thus, he will have all the duties and responsibilities of these three roles, depending on the situation at hand
Article 2: National Assembly
- §1 The national legislature of the Republic shall be designated as the National Assembly
- §1a The National Assembly shall have 150 legislators, with their distributions subject to change after every decennial census
- i) The seat distribution for the first and second national assemblies, elected both this year, and in 1950, shall be listed in #Seat distributions
- ii) There shall be 150 districts, with each legislator representing one district
- §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
- §1a The National Assembly shall have 150 legislators, with their distributions subject to change after every decennial census
- §2 The National Assembly is empowered to pass any legislation, providing that it does not conflict with this constitution
- §3 The National Assembly must meet at least once every twelve (12) months
Article 3: Judiciary
- §1 The legal system of the Republic of Rwizikuru shall be common law
- §1a All laws passed by the Estmerish authorities shall remain in effect until otherwise repealed
- §2 The court system shall be organized as such:
- §2a Magistrates' courts, empowered to hear cases involving summary offences, or any instance of juvenile delinquency
- §2b District courts, empowered to hear cases involving civil and family law
- §2c Courts of the Assizes, empowered to hear cases involving indictable offences, and appeals from both the magistrates' courts and the district courts
- §2d High Court, empowered to hear appeals from the Assizes
- §2e Military courts, empowered to hear cases committed in the armed forces, regardless of whether it is a summary or indictable offence
- §2f Court of Appeals, empowered to hear appeals from all lower courts
- §2g Supreme Court of Rwizikuru, the court of last resort, and hearing appeals from the Court of Appeals
- i) The Supreme Court shall comprise of nine members, appointed by the President on the advice of his cabinet, and approved by the National Assembly with a three-fifths (3/5ths) majority
- ii) The Supreme Court shall be empowered to conduct judicial review in the event it is unclear that the law conflicts with the constitution
Article 4: Administrative divisions
- §1 The Republic of Rwizikuru shall be divided into twelve (12) districts, with the borders standing as they were prior to independence
- §1a The government has the right to rename the districts to their native names without altering the constitution
- §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
Chapter 2: Rights and freedoms
Article 1: Languages
- §1 The official languages of the Republic of Rwizikuru are weRwizi and Estmerish
- §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
Article 2: Religion
- §1 In light of the existence of Sotirian and 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
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 treason or sedition
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 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 legal counsel and to be guaranteed habeas corpus
- §5 All people in the Republic shall be presumed innocent until proven guilty in a court of law
- §6 All people in the Republic shall be protected from cruel and unusual punishment and from 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 freedoms of speech, of thought, and of expression
- §2 All people in the Republic shall have 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 free association and assemble in public spaces
Chapter 3: Amendments and limitations
Article 1: Amendments
- §1 Any amendment must first be proposed in the 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, 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 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, 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 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 Estmerish version takes priority over the 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 the second article of the first chapter, the seats shall be distributed among the districts proportional to their populations in the 1941 census
- Fitzhubert shall receive thirty-seven seats
- Olongaland shall receive thirty seats
- Plateau shall receive eighteen seats
- Zakawanda shall receive seventeen seats
- Graham shall receive thirteen seats
- Chekumabazuva shall receive eleven seats
- Hunizakafa shall receive eight seats
- Sungirai shall receive five seats
- South Sangoguru shall receive four seats
- Mumbengewi shall receive four seats
- 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 Bahians, and the soil of the Rwizi River
- ii) Red shall represent the blood shed by Rwizikurans during the 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 our socialist goals
- i) The upper left star shall represent anti-imperialism and the efforts of the Rwizikuran National Movement to end colonial rule
- ii) The lower right star shall represent socialism, and our desire to be part of the socialist community of nations, while adapting it to conditions in Bahia
- §1a Three horizontal stripes of black, red, and green
- §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 weRwizi text shall take precedence over the Estmerish text
(TBC)