"Discussion Version"

of the

Constitution of Jurlandia

Chapter III

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This "Discussion Version" contains hotlinks to the Explanatory Essay and other materials on this website and elsewhere.

This version breaks the document into five parts, corresponding to its five chapters.

Chapter I

Chapter II

 

Chapter IV

Chapter V

CHAPTER THREE — EXECUTIVE POWER

Article 1.

1. The executive power of the Republic of Jurlandia shall be vested in the President of Jurlandia. The President shall be the Head of the State, the Head of the Government, the Commander in Chief of all military and police forces, and the Chief Executive of the Executive Branch of the Republic of Jurlandia.

2. All executive, administrative, diplomatic, military, and police officers of the Republic shall obey the President's lawful commands, and all shall be subject to immediate transfer or dismissal by the President, provided, however, that non-military personnel not directly appointed by the President shall be subject to transfer and dismissal only pursuant to the Civil Service Code.

3. The people intend by this provision to ensure that the President of Jurlandia shall be ultimately responsible for carrying out the laws of the Republic — subject, however, to judicial review wherever governmental action raises a justiciable case or controversy.

Article 2.

1. As Head of State, the President shall represent the Republic of Jurlandia in its relations with all foreign states and international governmental bodies, and is empowered to conclude executive agreements and treaties in Jurlandia's behalf.

2. No treaty shall have legal effect, however, unless two-thirds of the Parliament members voting thereon approve. When thus approved, a treaty shall be construed to have modified any statutory provisions that are inconsistent with it.

3. The President shall nominate, and subject to the consent of the Parliament shall appoint, all ambassadors, consuls, and envoys of the Republic.

Article 3.

1. As Head of Government, the President shall take care that the Constitution, all treaties, all legislation, all regulations, and all other actions and policies of the Republic of Jurlandia shall be carried out faithfully, fairly, and in the best interests of Jurlandia and its obligations under generally accepted norms of international law.

2. The President may propose to the Parliament such legislation as he or she deems necessary and appropriate, and when requested by the Parliament shall personally or through representatives participate in its consideration of such proposed legislation.

3. No legislation shall have legal effect without the President's consent, unless it is approved by 90 members of the Parliament at least 21 days after its first approval by the Parliament.

4. The President is empowered to grant reprieves and pardons for crimes, and to commute sentences under the criminal law, but this power shall not affect any action taken pursuant to the impeachment powers of the Parliament.

Article 4.

1. The President shall be elected for a term of six years, provided, however, that the term of the first President hereunder shall expire at noon, September 1, 2006. Except as provided in Article 5, no person may serve as President for more than two full terms.

2. Candidates for President shall designate their chosen running mate for Vice President. A vote for a presidential candidate shall operate as a vote for that running mate. No person may be a candidate for President or Vice President unless he or she was born in Jurlandia, has resided therein during at least seven of the previous ten years, is at least 35 years old and no older than 65, and has a command of the state language. This provision shall not affect the line of succession pursuant to Chapter Three, Article 5, paragraph 4.

3. To win election to the presidency, a candidate must obtain a majority of all votes cast for that office. If necessary, a runoff election between the two candidates receiving the highest number of votes shall be held 14 days following the general election.

4. The new President shall take office at noon, September 1, of the year when elected. Before taking office, the President shall swear or affirm to faithfully carry out the laws and uphold the Constitution of the Republic of Jurlandia.

Article 5.

1. The Vice President of Jurlandia shall replace the President in the event of the President's temporary or permanent disability, or death.

2. If the Vice President becomes President during the second half of the former President's term of office, he or she my seek election for a first full term of six years at the expiration of that term.

3. In the event of the Vice President's death or disability, the President shall nominate, and with the approval of the Parliament shall appoint, a new Vice President.

4. Succession to the presidency shall be by order of the Parliament-approved members of the cabinet as ranked in Article 6.

Article 6.

1. The President's cabinet shall consist of the following officers plus any other officers designated by legislation:

(1) The Vice President

(2) The Foreign Minister, who heads the Foreign Ministry and is the President's chief spokesman to foreign governments on matters of foreign affairs

(3) The Defense Minister, who heads the Defense Ministry and is thePresident's first deputy in the chain of command of all military forces and any foreign intelligence service

(4) The Interior Minister, who heads the Interior Ministry and is the President's first deputy in the chain of command of all police forces; there shall be no other security forces except those referenced in this and the preceding subparagraph

(5) The Justice Minister, who heads the Justice Ministry; that Ministry shall have a Criminal Division and a Civil Division

(A) The Criminal Division shall represent the Government of Jurlandia in all prosecutions and other criminal proceedings

(B) The Civil Division shall represent the Government of Jurlandia in all other proceedings

(C) The head of the Criminal Division shall be the Prosecutor General, and the head of the Civil Division shall be the Advocate General; these officers shall be appointed by the President upon the approval of the Parliament

(6) The Finance Minister, who heads the Finance Ministry and administers the Budget of the Republic of Jurlandia

(7) The Commerce Minister, who heads the Commerce Ministry and coordinates commercial, industrial, transportation, and trade policies

(8) The Material Resources Minister, who heads the Material Resources Ministry, which focuses on agriculture, forestry, minerals, fisheries, energy, other natural resources, and environmental protection

(9) The Local Government Minister, who heads the Local Government Ministry and is the President's chief liaison with local governments

(10) The Health and Human Services Minister, who heads the Health and Human Services Ministry, which includes responsibility for social security

(11) The Education Minister, who heads the Ministry of Education and is also responsible for cultural development

2. Nothing herein shall be construed to limit the power of the Parliament or the President to alter, according to legislation, the details of the responsibilities of these ministries, or to grant to different ministries various details of the powers here mentioned. But there shall be no fewer than ten ministries, they shall be as here named and ranked, and each shall be headed by a minister with cabinet rank.

Article 7.

Except with regard to the Vice President, the President shall nominate, and subject to the consent of the Parliament shall appoint, all cabinet members, plus their first and second deputies, all of whom shall thereupon serve at the President's pleasure. Upon the death, resignation, or dismissal of a cabinet member, the most senior deputy of that ministry shall serve as the acting cabinet member until a replacement has been confirmed. An acting cabinet member shall not be in succession to the presidency.

Article 8.

The President, Vice President, cabinet members, their deputies, and all officers subject to nomination by the President and confirmation by the Parliament shall receive remuneration for their services, which shall be neither increased nor decreased during their term of office. None may accept any remuneration for services related to their official duties from any source other than the Republic of Jurlandia. Records of all political contributions to a presidential or vice presidential campaign shall be kept for public inspection, and the aggregate of all contributions from any single source to any candidate may not exceed the statutory annual salary of a Parliament member. Political contributions shall not be or become the property of any person, but may be transferred by recipients to bona fide political parties or to charitable institutions.

Article 9.

1. If a majority of the cabinet, including acting cabinet members but excluding the Vice President, certifies to the Executive Committee of the Parliament that the President is incapable of serving in that capacity, then the Vice President shall serve as Acting President until such time as the President certifies to the Executive Committee that he or she is capable of resuming the office of President. If thereupon the cabinet and the Executive Committee by a two-thirds vote each disagree with the President's certification, then the Vice President shall continue as Acting President and the Parliament shall be convened within 48 hours to determine the President's capacity to serve in that office.

2. The meeting of the Parliament to determine the President's capacity for office shall be presided over by the Chief Judge or the next most senior judge of the Supreme Court. Following no more than one day's debate, any part of which the President may attend, and at which the President shall be allowed to speak, the Parliament shall determine whether to approve the finding of presidential incapacity. The Parliament shall be empowered to compel the testimony of any other person, including the Vice President and cabinet members.

3. Approval of 102 Parliament members shall cause the Vice President to be confirmed in the position of Acting President until such time as 102 Parliament members restore the President to the powers of that office.

Article 10.

Except in proceedings under Article 9 or in a criminal proceeding, no person shall be compelled to reveal the substance of advice rendered to the President, or of any discussions with the President to which he or she was privy, unless the President waives this privilege.

See single-document versons of the Constitution of Jurlandia in English and Russian

English copyrights 1991-1999 by Barnabas D. Johnson

Russian version copyrights 1991-1999 by Lowry Wyman

Armenian copyright 2001 by Barnabas D. Johnson

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