Constitution of Carloso
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| 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.
Background
History
Influences
Main provisions
Articles
Article I — 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.
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 II — Executive
Article III — 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 preclude the resignation of the President.
Article IV — Judiciary
Current text
Preamable
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.