by Max Barry

Latest Forum Topics

Advertisement

4

DispatchFactbookLegislation

by Austria-bavaria. . 45 reads.

Constitution of Rectasse (The Dummkopf Declaration)

Constitution of the Free Republic of Rectasse

Preamble:

We, the people of Rectasse:
Strengthening the independence and sovereignty of the nation,
Cherishing human rights and freedoms, justice, and national unity,
Inheriting the traditions of national statehood, history, and culture,
Respecting the accomplishments of human civilization,
And aspiring toward the supreme objective of building a humane, civil and democratic society in the country,

Hereby proclaim the Constitution of Rectasse.

Chapter 1: Sovereignty of the State

Article 1
(1) Rectasse is an independent, sovereign republic.
(2) The fundamental purpose of state activity is the ensurance of democracy, justice, freedom, equality, and national unity and respect of law.

Article 2
(1) By its state structure, Rectasse is a unitary State.
(2) The territory of Rectasse is divided into states, which shall be divided into sub-divisions called Provinces.

Article 3
(1) State power is vested in the people of Rectasse. The people exercise it through direct participation in state affairs and through representative bodies of state power elected by them.
(2) Illegal seizure of state power or attempted seizure are prohibited.

Article 4
(1) The territorial integrity and frontiers of Rectasse are inviolable.
(2) The frontiers of Rectasse are safeguarded by law.
(3) Stationing of foreign troops in the territory of Rectasse, or allowing them to cross the state borders for the purpose of passing through the country’s territory is prohibited unless permitted by the government.

Article 5
(1) Rectasse's economy is based on different forms of property following both universal trends of world economic development and national specifics.
(2) The State recognizes all forms of both public and private property and legally protects the right to ownership.
(3) The owner’s rights are restricted exclusively by due process of law.
(4) The State regulates the economy of the country with a view to ensure the nation’s economic security, the development of all modes of production, and social development of the population.
(5) The livestock of the country is national wealth and subject to state protection.

Article 6
(1) The land, its subsoil, forests, water, fauna, and flora and other natural resources are subject to national sovereignty and state protection.
(2) The land except that in citizen’s private ownership, as well as the subsoil with its mineral wealth, forests, water resources, and game is the property of the State.
(3) The State may give private ownership of state-owned plots of land except areas under public and special use.
(4) The State has the right to hold landowners responsible regarding the manner in which the land is used, to exchange or take it over with compensation on the grounds of special public need, or confiscate the land if it is used in a manner adverse to the health of the population, the interests of environmental protection, or national security.

Article 7
(1) The historical, cultural, scientific, and intellectual heritage of the Rectasse people is under the protection of the state.
(2) Intellectual values produced by the citizens are the property of their authors and protected by patents.

Article 8
(1) The Rectasse language is the official language of the State.
(2) Paragraph (1) does not affect the right of national minorities of other tongues to use their native languages in education and communication and in the pursuit of cultural, artistic, and scientific activities.

Article 9
(1) The State shall respect the Church and the Church shall honor the State.
(2) State institutions may not engage in religious activities and the Church may not pursue political activities.
(3) The relationship between the State and the Church is regulated by law.

Article 10
(1) Rectasse adheres to the universally recognized norms and principles of international law and pursues a foreign policy consistent with the maintenance of policy objectives determined by national legislation, and government power.
(2) Rectasse fulfills in good faith its obligations under international treaties to which it is a Party.
(3) The international treaties to which Rectasse is a Party become effective as domestic legislation upon the entry into force of the laws on their ratification or accession.
(4) Rectasse may not abide by any international treaty or other instruments incompatible with its Constitution.

Article 11
(1) It is the duty of the State to secure the country’s independence and ensure national security and public order.
(2) Rectasse maintains armed forces for self-defense. The structure and organization of the armed forces and rules of military service are determined by law.

Article 12
(1) The symbols of the independence and sovereignty of Rectasse are the State Emblem, Banner, Flag, Seal, and Anthem.
(2) The State Emblem, Banner, Flag, and Anthem express the historical tradition, aspiration, unity, justice, and the spirit of the people of Rectasse.
(3) The procedure for the ceremonial use of the State symbols and the text and melody of the State Anthem is prescribed by law.

Article 13
(1) The capital of the State is the city in which the state supreme bodies permanently sit. The capital city of Rectasse is the city of Obernkamp.
(2) The legal status of the capital city is determined by law.

Chapter Two: Human Rights and Freedoms

Article 1
(1) All persons lawfully residing within Rectasse are equal before the law and the courts.
(2) No person may be discriminated on the basis of ethnic origin, language, race, age, sex, social origin or status, property, occupation or post, religion, opinion, or education. Everyone is a person before the law.

Article 2
(1) The grounds and procedure for Rectasse nationality, acquisition, or loss of citizenship may be defined only by law.
(2) Deprivation of Rectasse citizenship, or exile, of citizens of Rectasse are prohibited.

Article 3
The citizens of Rectasse enjoy the following rights and freedoms:
(1) The right to life. Deprivation of human life is strictly prohibited unless capital punishment as constituted by Rectasse penal law for the most serious crimes is imposed as final decision by a competent court. This paragraph does not prohibit abortion.
(2) The right to healthy and safe environment and to be protected against environmental pollution and ecological imbalance.
(3) The right to fair acquisition, possession, and inheritance of movable and immovable property. Illegal confiscation and requisitioning of the private property of citizens are prohibited. If the State and its bodies appropriate private property on the basis of exclusive public need, they may only do so with due compensation and payment.
(4) The right to free choice of employment, favorable conditions of work, remuneration, rest, and private enterprise. No one may be unlawfully forced to work.
(5) The right to material and financial assistance in old age, disability, childbirth, and childcare and in other cases as provided by law.
(6) The right to the protection of health and medical care. The procedure and conditions of free medical aid are determined by law.
(7) The right to education. The state provides basic education free of charge. Citizens may establish and operate private schools if these meet the requirements of the State.
(8) The right to engage in creative work in cultural, artistic, and scientific fields and to benefit thereof. Copyrights and patents are protected by law.
(9) The right to take part in the government of the country directly or through representative bodies. The right to elect and to be elected to State bodies. The right to elect is enjoyed from the age of eighteen years and the age eligible for being elected is determined by law according to the requirements in respect of the bodies or posts concerned.
(10) The right to freedom of association in political parties or other voluntary organizations on the basis of social and personal interests and opinion. Political parties and other mass organizations shall uphold public order and state security, and abide by law. Discrimination and persecution of a person for joining a political party or other associations or for being their member are prohibited. Party membership of some categories of state employees may be suspended.
(11) Men and women enjoy equal rights in political, economic, social, and cultural fields as well as in marriage. Marriage is based on the equality and mutual consent of the spouses who have reached the age determined by law. The State protects the interests of the family, motherhood, and the child.
(12) The right to submit a petition or a complaint to State bodies and officials. The State bodies and officials are obliged to respond to the petitions or complaints of citizens in conformity with law.
(13) The right to personal liberty and safety. No one may be searched, arrested, detained, persecuted, or restricted of liberty save in accordance with procedures and on grounds determined by law. No one may be subjected to torture, inhuman, cruel, or degrading treatment. Where a person is arrested his or her family and counsel shall be notified within a period of time established by law of the reasons for the arrest. Privacy of citizens, their families, correspondence, and homes are protected by law.
(14) The right to appeal to the court for protection if one considers the rights or freedoms spelt out by the Rectasse law or an international treaty to have been violated;
to be compensated for the damage illegally caused by others;
not to testify against oneself, one’s family, parents, or children;
to defense;
to receive legal assistance;
to have evidence examined;
to fair trial;
to be tried in one’s presence;
to appeal against a court decision;
to seek pardon.

Compelling to testify against oneself is prohibited. Every person is presumed innocent until proven guilty by a court by due process of law. The penalties imposed on the convicted may not be applicable to his or her family members and relatives.
(15) Freedom of conscience and religion.
(16) Freedom of thought, opinion, expression, speech, press, and peaceful assembly. Procedures for organizing demonstrations and other assemblies are determined by law.
(17) The right to seek and receive information except that which the state and its bodies are legally bound to protect as secret. In order to protect human rights, dignity, and reputation of persons and to ensure national defense, security, and public order, the information which is not subject to disclosure must be classified and protected by law.
(18) The right to freedom of movement and residence within the country, to travel and reside abroad, and to return home to the country. The right to travel and reside abroad may be limited exclusively by law for the purpose of ensuring the security of the country and population and protecting public order.

Article 4
(1) Citizens of Rectasse, while upholding justice and humanism, shall fulfill in good faith the following basic duties:
a) to respect and abide by the Constitution and other laws;
b) to respect the dignity, reputation, rights, and legitimate interests of others;
c) to pay taxes levied by law.
(2) It is a sacred duty for every citizen to work, protect his or her health, bring up and educate his or her children and to protect nature and the environment.

Article 5
(1) The rights and duties of aliens residing in Rectasse are regulated by Rectasse law and by treaties concluded with the state of the person concerned.
(2) Rectasse adheres to the principle of reciprocity in determining the rights and duties of foreign nationals in an international treaty being concluded with the country concerned.
(3) The rights and duties of stateless persons within the territory of Rectasse is determined by Rectasse law.
(4) Aliens or stateless persons persecuted for their convictions or for political or other activities pursuing justice, may be granted asylum in Rectasse on the basis of their well-founded requests.
(5) In allowing the foreign nationals and stateless persons under the jurisdiction of Rectasse to exercise the basic rights and freedoms provided for in Chapter 2, Article 3, the State of Rectasse may establish necessary restrictions upon the rights other than the inalienable rights spelt out in international instruments to which Rectasse is a Party, out of the consideration of ensuring the security of the country and population, and public order.

Article 6
(1) The State is responsible to the citizens for the creation of economic, social, legal, and other guarantees ensuring human rights and freedoms, for the prevention of violations of human rights and freedoms, and restoration of infringed rights.
(2) In case of a state of emergency or war, the human rights and freedoms as defined by the Constitution and other laws are subject to limitation only by law. Such a law may not affect the right to life, the freedom of thought, conscience, and religion, as well as the right not to be subjected to torture or inhuman and cruel treatment.
(3) In exercising one’s rights and freedoms, one may not infringe the national security or rights and freedoms of others or violate public order.

Chapter Three: Structure of the State

The Legislature

Article 1
(1)The Legislature is the highest organ of state power, and the supreme legislative power is vested only in the Legislature.

Article 2
(1) The Legislature has two chambers, which consist of the Senate, and the Chamber of Deputies.
(2) The members of the Legislature are elected by citizens qualified to vote, on the basis of universal, free, and direct suffrage by secret ballot for a term of four years.
(3) Citizens of Rectasse who have reached the age of twenty-five years and are eligible for elections may be elected to the Legislature.
(4) The election of members of the Legislature is determined by law.
(5) The proceedure of the Legislature is determined by law.

Article 3
(1) If regular elections of the Legislature cannot be held due to extraordinary circumstances such as sudden calamities in the whole or in part of the country, the Legislature retains its power till the extraordinary circumstances cease to exist and the newly elected members of the Legislature are sworn in.
(2) The Legislature may decide on its dissolution if not less than two thirds of its members consider that the Legislature is unable to carry out its mandate, or if the President, in consultation with the Chairman of the concerned chamber of the Legislature, proposes to do so for the same reason. In case of such a decision, the Legislature exercises its powers until the newly elected members of the Legislature are sworn in.

Article 4
(1) A member of the Legislature is an envoy of the people and represents and upholds the interests of all the citizens and the state.
(2) The mandate of a member of the Legislature begins with an oath taken before the State flag, and expires when newly elected members of the Legislature are sworn in.

Article 5
(1) Chairman and Vice-Chairman of the chambers of the Legislature are nominated and elected from among the members of the respective chamber of the legislature by secret ballot.
(2) The term of office of the Chairman and Vice-Chairman of the respective chamber of the legislature is four years. They can be relieved of or removed from their posts before the expiry of their terms for reasons defined by law.

Article 6
(1) The Legislature may consider, at its initiative, any issue pertaining to domestic and foreign policies of the country, and retains within its exclusive competence the following questions and decisions thereon:
a) to enact laws and make amendments to them;
b) to determine the basis of the domestic and foreign policies of the State;
c) to set and announce the date of elections of the President and the Legislature and its members;
d) to determine and change the structure and composition of the Standing Committees of the Legislature, the Government, and other bodies directly accountable to it according to law;
e) to pass a law recognizing the full powers of the President after his or her election and to relieve or remove the President;
f) to appoint, replace, or remove members of the Government, and other bodies responsible and accountable to the Legislaure as provided for by law;
g) to define the State’s financial, credit, tax, and monetary policies, to lay down the guidelines for the country’s economic and social development, to approve the Government’s program of action, the State budget, and the report on its execution;
h) to supervise the implementation of laws and other decisions of the Legislature;
i) to define the State borders;
j) to determine the structure, composition, and powers of the National Security Council;
k) to approve and change the administrative and territorial division of the country at the suggestion by the Government;
l) to determine the legal basis of the system, structure, and activities of local self-governing and administrative bodies;
m) to institute titles, orders, medals, and higher military ranks, to determine the table of ranks in some special fields of state service;
n) to issue acts of amnesty:
o) to ratify and denounce international agreements to which Rectasse is a Party and to establish and sever diplomatic relations with foreign States at the suggestion of the Government;
p) to hold national referendums, to verify the validity of a referendum in which the majority of eligible citizens has taken parts, and to consider the question which has obtained a majority vote as decided;
q) to declare a state of war in case the sovereignty and independence of the state are threatened by armed actions on the part of a foreign power, and to abate it; and
r) to declare a state of emergency or a state of war in the whole or some parts of the country in special circumstances described in Paragraphs (2) and (3), and to approve or nullify the President’s decree to that effect.
(2) Under the following extraordinary circumstances, the National Parliament may declare a state of emergency to eliminate the consequences thereof and to restore the life of the population and society to norm, if:
a) natural disasters or other unforeseen dangers occur which threaten or may threaten directly the life, health, well-being, and security of the population in the whole or a part of the country’s territory;
b) public authorities are not able to cope, within legal limits, with public disorders caused by organized, violent, illegal actions of an organization or a group of people threatening the constitutional order and the existence of the legitimate social system.
(3) The Legislature may declare a state of war if public disorders in the whole or a part of the country’s territory result in an armed conflict or create a real threat of an armed conflict, or if there is an armed aggression or a real threat of such an aggression from the outside.
(4) The other powers, structure, and the procedures of the Legislature are defined by law.

Article 7
(1) The President, members of the Legislature, and the Government have the right to legislative initiative.
(2) Citizens and other organizations may forward their suggestions on draft laws to those entitled to initiate a law.
(3) National laws are subject to official promulgation through publication and, if the law does not provide otherwise, enter into force 10 days after the day of publication.

Article 8
(1) The Legislature exercises its powers through its sessions and other organizational forms.
(2) Regular sessions of the Legislature are to be held once in six months and do not last less than 75 working days on each occasion.
(3) Extraordinary sessions may be convened at the demand of more than one third of the members of the Legislature, or at the initiative of the President and the Chairman of the Senate.
(4) The President convokes constituent sessions of the Legislature within 30 days following elections. Other sessions are convoked by the Chairman of the respective chamber of the Legislature.
(5) In case of the proclamation by the President of a state of emergency or war, the Legislature convenes for an extraordinary session within 72 hours without prior announcement.
(6) The presence of an 66 percent overwhelming majority of members of the Legislature is required to consider a session valid, and decisions are taken by a majority of all members present if the Constitution and other laws do not provide otherwise.

Article 9
(1) The Legislature has Standing Committees dealing with specific fields.
(2) The Legislature determines the competence, structure, and procedures of the Standing Committees.

Article 10
(1) Members of the Legislature receive remuneration from the State budget during their tenure and may not hold concurrently any posts and employment other than those assigned by law.
(2) Immunity of members of the Legislature is protected by law.
(3) If a question arises that a member of the Legislature is involved in a crime, it is considered by the session of the Legislature to decide on the suspension of his or her mandate. If the court proves the member in question to be guilty of crime, the Legislature shall terminate his or her membership in the Legislature.

The President

Article 11
(1) The President is the Head of State (and government) and embodiment of the unity of the people.
(2) An indigenous citizen who has attained the age of thirty-five years and has permanently resided for a minimum for the last five years in Rectasse, is eligible for election to the post of President for a term of four years.

Article 12
(1) Presidential elections are conducted in one stage.
(2) Political parties which have obtained seats in the National Parliament nominate presidential candidates, one candidate for each party.
(3) During the elections, citizens eligible to vote participate in electing the President on the basis of universal, free, and direct suffrage by secret ballot.
(4) The Legislature considers the candidate who has obtained a majority of all votes cast in the voting as elected President and passes a law recognizing his or her mandate.
(5) If none of the candidates obtains a majority vote in the first round, second voting takes place involving the two candidates who have obtained the largest number of votes in the first round. The candidate who wins a majority of all votes cast in the second ballot is considered elected President and a law recognizing his or her mandate is passed by the Legislature.
(6) If neither of the candidates wins in the second ballot, Presidential elections are held anew.
(7) The President can be re-elected only once.
(8) The President cannot be a currently serving member of the Legislature or the Government and cannot concurrently hold any other posts and pursue any occupation not relating to his duties assigned by law. If the President holds another office or a post he or she is relieved of it from the date on which he or she is inaugurated.

Article 13
(1) The mandate of the President becomes effective with an oath taken by him or her and expires with an oath taken by the newly elected President.
(2) Within 30 days after the election, the President takes the following oath before the Legislature:
“I swear (or affirm) that I will guard and defend the independence and sovereignty of Rectasse, freedom of the people and national unity, and that I will uphold and observe the Constitution and faithfully perform the duties of the President”.

Article 14
(1) The President enjoys the following prerogative rights:
a) to veto, partially or wholly, laws and other decisions adopted by the Legislature. The laws or decisions remain in force if two-thirds of the members of the Legislature present do not accept the President’s veto;
b) to propose to the Legislature the candidature for the appointment to the post of Vice President in consultation with the majority party or parties in the Legislature if none of them has majority of seats, as well as to propose to the Legislature the dissolution of the Government;
c) to instruct the Government on issues within his competence. If the President issues a relevant decree it becomes effective upon signature by the Vice President;
d) to represent the Rectasse State in foreign relations and, in consultation with the Legislature, to conclude international treaties on behalf of Rectasse;
e) to appoint and recall heads of plenipotentiary missions to foreign countries in consultation with the Legislature;
f) to receive the Letters of Credence or Recall of Heads of diplomatic missions of foreign states;
g) to confer state titles and higher military ranks and award orders and medals;
h) to grant pardon;
i) to decide matters related to granting and withdrawing Rectasse citizenship and granting asylum;
j) to head the National Security Council;
k) to declare general or partial call-up of the military reserves;
l) to declare a state of emergency or a state of war on the whole or a part of the national territory and to order the deployment of armed forces when extraordinary circumstances arise and the Legislature concurrently in recess, cannot be summoned at short notice. The Legislature considers within 7 days the Presidential decree declaring a state of emergency or a state of war and approves or disapproves it. If the Legislature does not take decision on the matter, the Presidential decree becomes null and void.
(2) The President is the Commander-in-Chief of the armed forces of Rectasse.
(3) The President may address messages to the Legislature or to the people, he may at his own discretion attend sessions of the Legislature, report on and submit proposals concerning vital issues of domestic and foreign policies of the country.
(4) Other specific powers may be vested in the President only by law.

Article 15
(1) The President, within his powers, issues decrees in conformity with the law.
(2) If a Presidential decree is incompatible with law, the President himself or the Legislature invalidates it.

Article 16
(1) The President is responsible to the Legislature.
(2) In case of a violation of the Constitution or abuse of power in breach of his oath, the President may be removed from his post on the basis of the findings of the Constitutional Court by an overwhelming 66 percent majority of members of the Legislature present and voting.

Article 17
(1) The person, residence, and transport of the President is inviolable.
(2) Dignity and immunity of the President are protected by law.

Article 18
(1) In the temporary absence of the President, his full powers are exercised by the Vice President.
(2) In the event of the resignation, death, or voluntary retirement of the President, his full powers are exercised by the Vice President, or other member of the Presidential line of succession, as dictated by law.

The Judiciary

Article 19
(1) The judicial power is vested exclusively in courts.
(2) Unlawful institution of courts under and circumstances and exercise of judicial power by any other organization but courts is prohibited.
(3) Courts are instituted solely under the constitution and other laws.

Article 20
(1) The judicial system consists of Courts, as set-up according to law.
(2) The structure of courts and the legal basis of their activities are defined by law.
(3) The courts are financed by the State budget. The State ensures economic guarantee of the courts activities.

Article 21
(1) Judges are independent and subject only to the law.
(2) Neither a private person nor any civil officer – be it the President, members of the Legislature, or the Government, officials of political parties, or other voluntary organizations – may not interfere with the judges’ exercise of their duties.
(3) A General Council of Courts has the function of ensuring the independence of the judiciary.
(4) The General Council of Courts, without interfering in the activities of courts and judges, deals exclusively with the selection of judges from among lawyers, protection of their rights, and other matters pertaining to the ensurance of conditions guaranteeing the independence of the judiciary.
(5) The structure and procedures of the General Council of Courts are defined by law.

Article 22
(1) The Constitutional Court is the highest judicial organ and exercises the following powers:
a) to try at first instance legal disputes under its jurisdiction;
b) to examine decisions of lower-instance courts through appeal and supervision;
c) to examine and take decision on matters related to the protection of law and human rights and freedoms therein and transferred to it by the Supreme Court and the Prosecutor General;
d) to provide official interpretations for correct application of the Constitution; and
e) to make judgements on all other matters assigned to it by law.
(2) The decision made by the Supreme Court is a final judiciary decision on criminal matters and binding upon all courts and other persons. If a decision made by the Supreme Court is incompatible with law, the Constitutional Court repeals it. If an interpretation made by the Supreme Court is incompatible with law, the latter has precedence.
(3) The Supreme Court and other courts have no right to apply laws that are unconstitutional or have not been promulgated.

Article 23
(1) The Supreme Court comprises the Chief Justice and judges.
(2) The President appoints the judges of the Supreme Court upon their presentation to the Legislature by the General Council of Courts and appoints judges of other courts on the proposal of the General Council of Courts.
(3) A Rectasse national of thirty-five years of age with higher education in law and a professional career of not less than 10 years may be appointed a judge of the Supreme Court. A Rectasse national of twenty-five years of age with higher education in law and a professional career of not less than 3 years my be appointed a judge of the other courts.
(4) Removal of a judge of a court of any instance is prohibited except in cases he or she is relieved at his or her own request or removed by a valid court decision on the grounds provided for in the Constitution and the law on the judiciary.

Article 24
(1) Courts of all instances consider and make judgement on cases and disputes on the basis of collective decision-making.
(2) In passing a collective decision on cases and disputes, the courts of first instance allow representatives of citizens to participate in the proceedings in accordance with the procedures prescribed by law.
(3) The Judicial Panel alone may take decision on cases. The Judicial Panel is the panel of three judges whom are assigned to a particular court.

Article 25
(1) Court trials are to be conducted in the Rectasse language.
(2) A person who does not know Rectasse is acquainted with all the facts of the case through translation and has the right to use his or her native language at the trial.

Article 26
(1)Court trials are open to the public except in cases specifically singled out by law.

Article 27
(1) The accused has a right to defense.
(2) The accused is accorded legal assistance according to law and at his or her request.

Article 28
(1) The Prosecution exercises supervision over the inquiry into and investigation of cases and the execution of punishment, and participates in the court proceedings on behalf of the State.
(2) The President appoints the Prosecutor General and his or her deputies in consultation with the Legislature for a term of four years.
(3) The system, structure, and legal basis of the activities of the Prosecution are determined by law.

Chapter four: Administrative and Territorial Units

Article 1
(1) The territory of Rectasse is divided administratively into states and a capital city; state are subdivided into Provinces; Provinces into communities.
(2)The capital city is divided into districts and districts into neighborhoods.
(3) Legal status of towns and villages located on the territories of administrative divisions is defined by law.
(4) Revision of an administrative and territorial unit shall be considered and decided by the Legislature on the basis of a proposal by a respective local legislature and local population, and with account taken of the country’s economic structure and the distribution of the population.

Article 2
(1) The state, the capital city, region, and district are administrative, territorial, and socio-economic complexes with their functions and administrations provided for by law.
(2) Borderlines of states, the capital city, regions and districts are approved by the Legislature at the suggestion of the Government.

Article 3
(1) Governance of administrative and territorial units of Rectasse is organized on the basis of the principles of both self-government and central government.
(2) The self-governing bodies in province, capital city, region and district are legislatures of representatives of the citizens of the respective territory; in community and neighborhoods they are general meetings of citizens. In-between the sessions of the legislatures and general meetings, their executive councils assume administrative functions.
(3) Legislatures of provinces and the capital city are elected for a term of four years. The memberships in these legislatures as well as those of regions and districts and the procedure of their election are determined by law.

Article 4
(1) State power is exercised on the territories of provinces, the capital city, regions, districts, communities and neighborhoods by the Governors of these territories.
(2) Candidates for Governors are nominated by the legislatures of respective provinces, the capital city, regions, districts, communities and neighborhoods. Governors of provinces and the capital city are appointed by the President; regional and district governors are appointed by the governors of the provinces and the capital city; governors of communities and neighborhoods are appointed by the governors of regions and districts respectively for a term of four years.
(3) In case the President and governors of higher levels refuse to appoint the gubernatorial candidates, new nominations are held in the manner prescribed in Paragraph (2). Pending the appointment of a new Governor, the previously appointed Governor exercises his or her mandate.

Article 5
(1) While working for the implementation of the decisions of a respective legislature, a governor, as a representative of State power, is responsible to the Government and the governor of higher instance for proper observance of national laws and fulfillment of the decisions of the Government and the respective superior body in his or her territory.
(2) Governors have a right to veto decisions of their state, capital city, region, district, community and neighborhood legislatures.
(3) If a legislature by a majority vote overrides the veto, the governor may tender his or her resignation to the President or to the governor of higher instance if he or she considers that he or she is not able to implement the decision concerned.
(4) Governors of states, the capital city, regions and districts have secretariats. The Government determines the structure and size of these offices individually or by a uniform standard.

Article 6
(1) Local self-governing bodies – besides making independent decisions on matters of socio-economic life of the respective state, the capital city, region, district, community and neighborhood – organize the participation of the population in solving problems of national scale and that of larger territorial divisions.
(2) Authorities of higher instance may not take decision on matters coming under the jurisdiction of local self-governing bodies. If law and decisions of respective superior state organs do not specifically deal with definite local matters, local self-governing bodies can decide upon them independently in conformity with the Constitution.
(3) If the Legislature and the Government deem it necessary, they may delegate some matters within their competence to the state and capital city legislatures and governors for their solution.

Article 7
(1) Legislatures of states, the capital city, regions, districts, communities and neighborhood adopt resolutions and governors issue ordinances within their competence.
(2) Resolutions of the legislatures and ordinances of the governors must be in conformity with law. Presidential decrees and decisions of the Government and other superior bodies are binding within their respective territories.
(3) Administrative and territorial units and the powers, structure, and procedure of their governing bodies are determined by law.

Chatper 5: Constitutional Court

Article 1
(1) The Constitutional Court is an organ exercising supreme supervision over the implementation of the constitution, making judgement on the violation of its provisions, and resolving constitutional disputes. It is the guarantee for the strict observance of the Constitution.
(2) The Constitutional Court and its members in the execution of their duties are subject to the Constitution only and are independent of any organizations, officials, or anybody else.
(3) The independence of the members of the Constitutional Court is ensured by the guarantees set out in the Constitution and other laws.

Article 2
(1) The Constitutional Court consists of 3 members. Members of the Constitutional Court are appointed by the Legislature for a term of four years upon the nomination of all three of them by the Supreme Court.
(2) A member of the Constitutional Court must be a Rectasse national of forty years of age and experienced in politics and law.
(3) The Chairman of the Constitutional Court is elected from among the three members for a term of four years by a majority vote of the members of Constitutional Court. He may be re-elected once.
(4) If the Chairman or a member of the Constitutional Court violates law, he or she may be withdrawn by the Legislature, and on the opinion of the institution which nominated him or her.
(5) The President, members of the Legislature, members of the Government, and members of the Supreme Court may not be nominated to serve on the Constitutional Court.

Article 3
(1) The Constitutional Court examines and settles constitutional disputes at the request of the Legislature, the President, the Supreme Court, and the Prosecutor General, or on its own initiative on the basis of petitions and information received from citizens.
(2) The Constitutional Court, in accordance with Paragraph (1), issues judgements to the Legislature on:
a) the constitutionality of laws, decrees, and other decisions by the Legislature and the President, as well as Government decisions and international treaties signed by Rectasse;
b) the constitutionality of national referendums and decisions of the central election authority on the elections of the Legislature and its members as well as on presidential elections;
c) the breach of law by the President, Chairman and members of the respective chamber of the Legislature, members of the Government, the Chief Justice and the Prosecutor General; and
d) the well-foundedness of the grounds for the removal of the President, and Chairman of the respective chamber of the Legislature, and for the recall of members of the Legislature.
(3) If a decision submitted in accordance with Paragraph (2) a) and b) is not acceptable to the Legislature, the Constitutional Court re-examines it and issues final judgement.
(4) If the Constitutional Court decides that the laws, decrees, and other decisions of the Legislature and the President as well as Government decisions and international treaties concluded by Rectasse are incongruous with the Constitution, those laws, decrees, instruments of ratification, and decisions in question are considered invalid.

Article 4
(1) Decisions of the Constitutional Court immediately enter into force.

Chapter six: Amendment of the Constitution

Article 1
(1) Amendments to the Constitution may be initiated by organizations and officials enjoying the right to legislative initiative and may be proposed by the Constitutional Court to the Legislature.
(2) A national referendum on constitutional amendment may be held on the concurrence of not less than two-thirds of the members of the Legislature.

Article 2
(1) An amendment to the Constitution is adopted by not less that three-fourths of votes of all members of both chambers of the Legislature.
(2) A draft amendment to the Constitution which has twice failed to win three-fourths of votes of all members of the Legislature is not subject to consideration until the Legislature sits in a new composition following general elections.
(3) The Legislature may not undertake amendment of the Constitution within six months of the next general elections.
(4) Amendments which have been adopted are of the same force as the Constitution.

Article 3
(1) Laws, decrees, and other decisions of state bodies and activities of all other organizations and citizens must be in full conformity with the Constitution.
(2) This Constitution of Rectasse enters into force at 12:00 hours on 12 Feb 1800.

Austria-bavaria

RawReport