Library:Constitution of Cavala

Preamble

We, the sovereign people of the Second Republic of Cavala, in order to establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the Second Republic of Cavala.

Having emerged from the instability of the Cavalan Empire and seeking to address the shortcomings of past political systems, we, the people of Cavala, have come together to establish a representative democracy, combining elements of both parliamentary and presidential systems in a unitary, semi-presidential republic. Our Constitution aims to balance the authority of the executive and legislative branches, ensuring that our government operates efficiently, effectively, and in the best interests of all citizens.

We recognize that the purpose of government is to serve and protect the people, and that our rights and freedoms are inherent and must be upheld and defended. We affirm the importance of individual liberty, freedom of speech, religion, assembly, and the press, as well as equal protection under the law, and we affirm our commitment to ensuring that these rights are guaranteed to all citizens.

In establishing this Constitution, we acknowledge the need for stability and continuity in the administration of justice, and for the impartiality and independence of the judiciary. We therefore establish a system of government that ensures the separation of powers between the executive, legislative, and judicial branches, each with its own unique responsibilities, powers, and limitations.

We affirm our commitment to a strong and effective government, capable of securing the rights of its citizens and preserving the stability and prosperity of our nation. We also affirm our commitment to the democratic process, and to the free and fair election of those who lead our government.

In witness whereof, we have hereunto subscribed our names and affixed our seals, this day of the ratification of this Constitution by the people of the Second Republic of Cavala.

Section I: Sovereignty

Article 0: Identity of Sovereignty

The language of the Republic shall be Cavalan.

The national emblem shall be the red, white and green horizontal tricolour flag.

The national anthem shall be Notre Drapeau Tricolore.

The maxim of the Republic shall be "Vive le Cavala".

The principle of the Republic shall be: government run by, and for the people.

Article 1: Definition of Sovereignty

The sovereignty of the Republic of Cavala shall reside in the people, who shall exercise it through their elected representatives and by means of referenda. The sovereignty of the people shall be the basis for the legitimacy of the government and the guarantee of the rights and freedoms of its citizens.

Article 2: Exercise of Sovereignty

The exercise of sovereignty shall be limited by the Constitution and the laws enacted in accordance with it. The sovereignty of the people shall not be exercised in a manner inconsistent with the principles of the Constitution or the protection of the rights and freedoms of others.

Article 3: Limitation of Sovereignty

The sovereignty of the people shall not be used to abolish the constitutional order or to subvert the fundamental rights and freedoms of individuals. The government shall have the power to temporarily restrict the exercise of certain rights and freedoms, but only in exceptional circumstances and subject to judicial review.

Article 4: Exercise of Sovereignty by Parliament

The Parliament shall exercise the sovereignty of the people by enacting laws that regulate the affairs of the nation and by representing the interests of the people. The Parliament shall be empowered to make all laws necessary for the general welfare and the protection of the rights and freedoms of the people.

Article 5: Exercise of Sovereignty by the People

The people shall exercise their sovereignty by means of direct or indirect elections, referenda, and the recall of elected representatives. The right to vote shall be guaranteed to all citizens of the Republic who have reached the age of majority, and shall not be abridged on account of race, gender, religion, or any other similar criterion.

Article 6: Exercise of Sovereignty by the President and Prime Minister

The President and Prime Minister shall exercise the sovereignty of the people by implementing the policies and programs approved by the Parliament and by fulfilling the duties and responsibilities assigned to them by the Constitution and the laws of the Republic. The President and Prime Minister shall act in accordance with the Constitution and the laws of the Republic, and shall be accountable to the Parliament for their actions.

Article 7: Separation of Powers

The sovereignty of the people shall be exercised through the separation of powers among the legislative, executive, and judicial branches of government. The legislative branch shall make the laws, the executive branch shall implement the laws, and the judicial branch shall interpret the laws and ensure that they are consistent with the Constitution.

Article 8: Protection of Rights and Freedoms

The Constitution shall guarantee the protection of the rights and freedoms of individuals and shall provide for the establishment of independent courts to enforce these guarantees. The courts shall have the power to declare unconstitutional any law or act of the government that violates the Constitution or the rights and freedoms of individuals.

Section II: The President of the Republic

Article 9: Election and Term of Office

The President of the Republic shall be elected by direct universal suffrage for a term of seven years, which shall commence on the day of the President's inauguration. No person may serve more than two terms as President of the Republic. The President shall be elected by a majority of the votes cast, with a run-off election held between the two candidates with the highest number of votes if no candidate wins a majority in the first round. The President of the Republic shall take the oath of office before the Parliament, pledging to uphold and defend the Constitution of the Republic and to serve the people of Cavala.

Article 10: Powers and Duties of the President

The President of the Republic shall be the head of state and shall represent the unity and continuity of the nation. The President of the Republic shall have the power to appoint and dismiss judges and civil servants, subject to the approval of the Parliament. The President of the Republic shall negotiate and ratify international treaties and agreements, subject to the approval of the Parliament. The President of the Republic shall serve as the commander-in-chief of the Armed Forces. The President of the Republic shall have the power to grant pardons and reprieves, subject to the approval of the Parliament. The President of the Republic shall have the power to call for a referendum on any matter of national importance, subject to the approval of the Parliament. The President of the Republic shall have the power to call for a special session of the Parliament, subject to the approval of the Parliament.

Article 11: Veto Power

The President of the Republic shall have the power to veto laws passed by the Parliament, subject to the override of such veto by a two-thirds majority vote of the Parliament.

Article 12: Impeachment

The President of the Republic may be impeached by the Parliament for high crimes and misdemeanours. The proceedings for impeachment shall be initiated by a vote of two-thirds of the Assembly of Deputies. The Senate shall serve as the court for the impeachment proceedings and shall have the power to remove the President from office upon a two-thirds vote of its members.

Article 13: Presidential Succession

In the event of the death, resignation, or removal from office of the President of the Republic, the Prime Minister shall serve as Acting President until a new President is elected. In the event of the death, resignation, or removal from office of both the President of the Republic and the Prime Minister, the Parliament shall choose a temporary successor by a majority vote. If a vacancy occurs in the office of the President during the final six months of the term, a new President shall be chosen by Parliament to serve out the remainder of the term.

Section III: The Government of the Republic

Article 14: Composition of the Government

The Government of the Republic is the collective body responsible for leading and managing the country, in accordance with the provisions of the Constitution and the laws.

Article 15: Prime Minister and Cabinet

The Government of the Republic shall consist of the Prime Minister and other members appointed by the Prime Minister, who together shall form the Cabinet of Ministers.

Article 16: Powers of the Prime Minister

The Prime Minister shall be elected directly by universal adult suffrage and shall serve as the head of government. The Prime Minister shall have the authority to appoint and dismiss other members of the Council of Ministers and shall be responsible for determining public policy and overseeing the civil service. The Prime Minister shall have the power to negotiate and ratify international agreements on behalf of the Republic and shall have the authority to represent the Republic in its relations with foreign powers. The Prime Minister shall have the power to appoint and dismiss civil servants and judges, subject to the approval of the Parliament.

Article 17: Responsibility of the Council of Ministers

The Council of Ministers shall meet regularly to deliberate on the affairs of the country and shall make decisions by majority vote. The Prime Minister shall have the power to cast a deciding vote in the event of a tie. The Council of Ministers shall be responsible for ensuring the proper functioning of the administration and shall have the power to issue decrees and regulations in order to implement laws and public policies. The Prime Minister and the Council of Ministers shall be responsible for preparing and presenting the annual budget to the Parliament for approval. They shall also be responsible for ensuring the proper use and management of public funds. The Prime Minister and the Council of Ministers shall have the power to appoint and dismiss the heads of government agencies and institutions, subject to the approval of the Parliament. The Prime Minister and the Council of Ministers shall have the power to propose laws to the Parliament, which shall have the power to pass, reject, or modify such proposals. The Prime Minister and the Council of Ministers shall have the responsibility to enforce the laws of the Republic and to ensure the proper functioning of the administration and the protection of the rights of the citizens.

Article 18: Accountability of the Government

The Prime Minister shall be accountable to the Parliament, and the Council of Ministers shall be accountable to both the Parliament and the President of the Republic. The Parliament shall have the power to dismiss the government by a majority vote of no confidence.

Article 19: Declaration of a State of Emergency

The Prime Minister and the Council of Ministers shall have the power to declare a state of emergency in the event of a national crisis or threat to the security of the state. However, such a declaration shall be subject to review and approval by the Parliament within a period of 30 days.

Article 20: Responsibility of the Government

The Government of the Republic shall have the power to regulate the functioning of the civil service, including the appointment and dismissal of civil servants, the establishment of salaries and working conditions, and the regulation of administrative procedures.

Section IV: Parliament of the Republic

Article 21: Composition of Parliament

The Parliament of the Republic shall be composed of two chambers, the Senate and the Assembly of Deputes.

Article 22: The Senate

The Senate shall consist of elected members chosen by an electoral college for terms of 10 years, with half the seats submitted to election every 5 years. The Senate shall have the power to review, approve, or reject laws proposed by the Assembly of Deputes and shall have the authority to conduct investigations and advise the government on matters of national importance. In the event of disagreement between the two chambers, the Assembly of Deputes shall have the final say.

Article 23: The Assembly of Deputes

The Assembly of Deputes shall consist of directly elected members representing the 40 counties for terms of 6 years. The Assembly of Deputes shall have the power to dismiss the government by a majority vote and shall have the authority to conduct investigations and advise the government on matters of national importance. The Assembly of Deputes shall have the final say in the event of disagreement between the two chambers.

Article 24: Powers and Responsibilities of Parliament

Parliament shall be responsible for determining the rules and principles concerning most areas of law, political amnesty, and fiscal policy. Parliament shall have the power to approve or reject presidential appointments, approve or reject international treaties, and determine the national budget. Parliament shall also have the power to call for national referendums on matters of national importance.

Article 25: Parliamentary Proceedings

Parliament shall convene regularly in order to conduct its business and shall have the power to determine its own rules of procedure. Parliamentary proceedings shall be open to the public, except in cases where the protection of national security or the privacy of individuals requires otherwise. Parliamentary proceedings shall be recorded and made available to the public in a timely manner.

Article 26: Parliamentary Immunity

Members of Parliament shall be immune from prosecution for statements made in the course of their official duties. The immunity of Members of Parliament shall not extend to acts outside the scope of their official duties. The immunity of Members of Parliament may be lifted by a two-thirds vote of the Assembly of Deputes.

Article 27: Parliamentary Ombudsman

Parliament shall appoint an ombudsman to investigate complaints against the government and to make recommendations to Parliament. The ombudsman shall be independent and impartial, and shall report directly to Parliament. The ombudsman shall have the power to access all government documents and to interview government officials in the course of his or her investigations.

Article 28: Parliamentary Elections

Parliamentary elections shall be held regularly and shall be conducted in accordance with the provisions of this Constitution and other applicable laws. Parliamentary elections shall be conducted in a free and fair manner, and all citizens shall have the right to vote. The results of parliamentary elections shall be certified by the Supreme Court, and the newly elected Parliament shall convene as soon as possible after the certification of the election results.

Section V: Judiciary of the Republic

Article 29: Establishment of the Judiciary

The judiciary of the Republic of Cavala shall be independent and impartial. It shall have the power to interpret the laws and the Constitution and to judge disputes between citizens and between citizens and the state.

Article 30: Composition of the Judiciary

The judiciary shall consist of the Supreme Court, the Courts of Appeal, and the lower courts. The President of the Republic shall appoint judges and other judicial officers, upon the recommendation of the High Council of the Judiciary.

Article 31: The Supreme Court

The Supreme Court shall be the highest court of the land and shall have the power to hear appeals from the lower courts and to render binding decisions on questions of law and fact.

Article 32: The Courts of Appeal

The Courts of Appeal shall hear appeals from the lower courts and shall have the power to reverse or affirm the decisions of the lower courts.

Article 33: Lower Courts

The lower courts shall be established by law and shall have the power to hear and determine disputes between citizens and between citizens and the state.

Article 34: Independence of Judges

Judges shall be independent and impartial, and shall not be subject to any outside influence or pressure. They shall have the power to interpret the laws and the Constitution and to render decisions based solely on the law and the evidence before them.

Article 35: Code of Conduct for Judges

Judges shall be subject to a code of conduct established by law, which shall ensure that they discharge their duties in an impartial and independent manner.

Article 36: Protections for Judges

Judges shall be protected by the state against any form of interference or retaliation for the discharge of their duties. They shall be subject to removal from office only for cause, as provided by law.

Article 37: Right to a Fair Trial

All citizens shall have the right to a fair and impartial trial. This right shall include the right to be represented by counsel, to call witnesses, and to have the evidence against them disclosed.

Article 38: Access to Justice

All citizens shall have the right to access to justice, and the state shall ensure that the judicial system is accessible and affordable to all. The state shall also ensure that the judiciary is adequately staffed and equipped to handle the volume of cases before it.

Article 39: Finality of Decisions

Judicial decisions shall be final and binding, and shall not be subject to review or appeal except as provided by law. The state shall enforce judicial decisions in a timely and efficient manner.

Article 40: Separation of Powers

The judiciary shall be separate and independent from the other branches of government, and shall have the power to interpret the laws and the Constitution and to render decisions free from political influence or pressure. The state shall ensure that the judiciary operates in accordance with the principles of independence, impartiality, and the rule of law.

Section VI: Administative Subdivisions

Article 41: The Administrative Divisions of the Republic

The Republic of Cavala is divided into 12 provinces, 40 counties, and 171 conteurs for administrative purposes.

Article 42: Powers and Functions of the Provinces

The provinces are empowered to govern local affairs, manage local resources and ensure the delivery of public services within their jurisdiction. The provinces have the authority to establish local agencies and bodies to perform specific functions, and to enact legislation to regulate local matters, subject to the provisions of this Constitution.

Article 43: Powers and Functions of the Counties

The counties are responsible for the administration of justice, public safety, and public order within their jurisdiction. They are also authorized to establish local agencies and bodies to perform specific functions and to enact legislation to regulate local matters, subject to the provisions of this Constitution.

Article 44: Powers and Functions of the Conteurs

The conteurs are responsible for the maintenance of public facilities and services, such as roads, schools, and hospitals, and for the delivery of public services within their jurisdiction. They are authorized to enact legislation to regulate local matters, subject to the provisions of this Constitution.

Article 45: Local Assemblies

Each province, county, and conteur shall have a local assembly consisting of elected representatives. The local assemblies shall have the power to make laws and regulations, subject to the provisions of this Constitution.

Article 46: Executive Authority in the Administrative Subdivisions

The executive authority in each province, county, and conteur shall be exercised by an executive known as the Governor or Governor-General, who shall be elected by the citizens of their respective province, county, or conteur. The executive shall be responsible for implementing the policies and programs of the local government and for the administration of public services within their jurisdiction.

Article 47: Relations between the Central and Local Governments

The central government and the local governments shall cooperate and coordinate their policies and programs in the interests of the Republic as a whole. The central government shall ensure the maintenance of national unity and the preservation of the territorial integrity of the Republic.

Article 48: Transfer of Powers and Functions

The central government may, in accordance with the provisions of this Constitution, transfer powers and functions to the local governments. The central government shall also ensure that the local governments have adequate resources to carry out their responsibilities.

Article 49: Control and Supervision

The central government shall exercise control and supervision over the local governments to ensure that their policies and programs are in compliance with the provisions of this Constitution. The central government may, if necessary, take appropriate measures to ensure the proper functioning of the local governments.

Section VII: Rights and Freedom

Article 50: Right to Equality

All citizens of the 2nd Republic of Cavala are entitled to equality before the law and are protected against discrimination on the grounds of race, religion, gender, ethnicity, or any other personal characteristics.

Article 51: Right to Life, Liberty, and Security of Person

The right to life, liberty, and security of person is guaranteed to every individual. No one may be subjected to arbitrary arrest, detention or exile.

Article 52: Freedom of Thought, Conscience and Religion

The freedom of thought, conscience and religion is guaranteed to all individuals, including the right to change their religion or belief. No one shall be subjected to coercion or restraint on these grounds.

Article 53: Freedom of Expression

The freedom of expression, including the freedom to hold opinions and to receive and impart information and ideas without interference, is guaranteed. This right includes the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other media of one's choice.

Article 54: Right to Assembly and Association

Every individual has the right to freedom of peaceful assembly and association, including the right to form and join trade unions for the protection of their interests.

Article 55: Right to Work

The right to work, including the right to form and join trade unions, is guaranteed to all individuals. The state shall take measures to ensure the protection of this right.

Article 56: Right to Education

Every individual has the right to education, including the right to receive basic education free of charge. The state shall ensure access to education for all citizens.

Article 57: Right to Health

The right to health is guaranteed to all individuals, and the state shall ensure access to healthcare for all citizens.

Article 58: Right to Property

Every individual has the right to own property, including the right to inherit property, subject to the provisions of this Constitution and the laws of the Republic. No one shall be arbitrarily deprived of their property.

Article 59: Right to Participate in Political Life

Every citizen has the right to participate in the political life of the Republic, including the right to vote and the right to stand for public office.

Article 60: Right to Free and Fair Elections

Every citizen has the right to participate in free and fair elections, and the state shall ensure that all citizens have an equal opportunity to participate in the electoral process.

Article 61: Right to a Fair Trial

Every individual is entitled to a fair and public hearing by an independent and impartial tribunal, in the determination of their rights and obligations and of any criminal charge against them.

Article 62: Right to Privacy

The right to privacy, including the right to protection of personal data, is guaranteed to all individuals. No one shall be subjected to arbitrary interference with their privacy, family, home or correspondence, or to unlawful attacks on their honor and reputation.

Article 63: Right to Free Movement

Every individual has the right to free movement within the Republic, the right to leave the Republic, and the right to return to the Republic. No one shall be subjected to arbitrary or unlawful interference with their freedom of movement.

Section VIII: The Economy and Environment

Article 64: Economic System

The economic system of the Republic of Cavala is based on the principles of a market economy. The state shall promote and protect the economic welfare of all its citizens. The state shall take measures to prevent the abuse of economic power and to ensure the equitable distribution of wealth and income.

Article 65: Environment protection

The Republic of Cavala shall protect and preserve its natural resources and environment. It shall promote sustainable development and the responsible use of its resources to ensure that they are available for present and future generations. The government shall take measures to prevent pollution and ecological damage, and to mitigate the effects of any damage that occurs. The government shall also encourage the development and use of clean and renewable sources of energy.

Article 66: Property

The right to own, use, and dispose of property is guaranteed. Property may be expropriated for public use only in accordance with the law and with fair compensation. The state may, for reasons of public interest, regulate the use of property by law.

Article 67: Labor and Social Security

The right to work is guaranteed. The state shall promote the welfare of workers, improve working conditions, and ensure a fair and adequate wage. The state shall provide for social security and shall take measures to ensure the health, welfare, and safety of all workers.

Article 68: Taxation

Taxes shall be imposed only by law. Taxation shall be based on the ability to pay. Tax evasion shall be subject to penalties and sanctions in accordance with the law.

Article 69: Economic Planning

The state shall formulate and implement a comprehensive and integrated economic development plan. The plan shall be based on the principles of sustainability, social equity, and economic efficiency. The state shall involve all sectors of society in the planning and implementation of the economic development plan.

Section IX: Cavalan-speaking realm and agreements

Article 70: Cavalan-speaking realm

The Republic of Cavala recognizes the importance of the Cavalan-speaking realm, which includes countries and territories where the Cavalan language is spoken. The Republic of Cavala may enter into agreements with other members of the Cavalan-speaking realm to promote the sharing of cultural, educational, and economic benefits.

Article 71: International agreements

The Republic of Cavala may enter into international agreements that are consistent with its Constitution and laws. Such agreements shall be ratified by the President, and approved by the Parliament in accordance with the procedures established by law.