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Res Publica Canada Constitution of the Republic of Canada
PREAMBLE -- Whereby the Republic of Canada is founded on the principles: (1) That no Person, Official, Corporation, Government, Council, or other Entity is superior to the Law (2) That the Government is at all times accountable to the People over which it governs (3) That all People are born equal, live equal, and die equal; that no Freedom to which they are entitled shall be abridged; that no Right to which they are entitled shall be abridged unless by Due Process of Law or by Reasonable Limits as can be prescribed in a free and democratic society, regardless of Age, Sex, Gender, Sexual Orientation, Physical or Mental Deformity or Disability, or any other Traits or Descriptors over which they have no control.
Article One: Charter of Rights and Freedoms 1. All Sections of the Canadian Charter of Rights and Freedoms are hereby entrenched in this Constitution, and are to be upheld with the same respect and dignity as they were in any predecessor State incorporating the Canadian Charter of Rights and Freedoms.
Article Two: Legislative Power and Elections 1. (a)All Legislative Power shall be granted to the Houses of Parliament, which shall consist of a House of Commons and a Senate.
(b)(i) All Bills passed by both Houses shall be granted Assent by the President of the Senate under the principles of responsible government, unless the President feels that the law cannot be justified in a free and democratic society.
(ii) All Bills so rejected by the President shall be subject to a review by the Senate, and if no less than Three-Fifths of Senators sitting vote to grant Assent, then Assent shall be granted.
2. (a)(i) All Members of the House of Commons shall be elected by those over the age of eighteen residing in their respective constituencies.
(ii) All Citizens shall be given ample opportunity to cast their vote, and all votes shall be counted with equal diligence and process regardless of the candidate that is voted for.
(iii) All residents of a constituency not present on Election Day shall be given equal opportunity to vote in advance, and their votes shall be counted with the same diligence and process as those cast by those present on Election Day.
(iv) If a candidate does not appear on a ballot, a Citizen has the right to write the name of the candidate they so desire, and this vote shall be recorded as with all other votes.
(v) No Citizen shall be penalized in any way by a Federal or Provincial Government, or by Municipal Council, for refusing to cast a vote.
(b)(i) The term of the Members of the House of Commons shall not exceed four years less one day from the day that they are first gathered.
(ii) If the Members of the House of Commons lose confidence in their Government, the Members are entitled to a Motion of No Confidence in the Senate; if no less than Three-Fifths of Senators sitting approve of the Motion, then the House of Commons shall be declared dissolved and a new election shall be held no less than Thirty Days and no more than Seventy-Five Days from the time that the Motion is passed.
(c) The Constituencies of the House of Commons shall be set according to the Population of the Republic, and any changes to the Constituencies must be passed as Bills in the House of Commons and in the Senate. Each Province of Canada shall have no fewer than three Members of the House of Commons.
(d)(i) The Speaker of the House of Commons shall be selected by the President of the Senate on the advice of the Prime Minister and the Leader of the Official Opposition, and he shall preside over the House of Commons, overseeing all procedures in the House.
(ii) If the Speaker is unable to perform his duties, the Leader of the Government in the House of Commons shall act as the Speaker; if the Leader of the Government is not present, then the Opposition House Leader; if the Opposition House Leader is not present then the House of Commons shall send immediate notice to the Senate, and the President of the Senate shall select a Member of the House of Commons to act as the Speaker, or the President shall declare the House adjourned until such time as the Speaker can perform his duties, or one of the Leaders can act in the place of the Speaker.
(iii) No Speaker or Acting Speaker shall cast a vote in the House of Commons unless the House is equally divided.
3.(a) All Members of the Senate shall be elected by those over the age of eighteen residing in their respective Provinces.
(b) The Electoral Procedure of the Senate shall be the same as the Electoral Procedure of the House of Commons, and the votes cast shall be treated in the same way, with the same care and diligence, and with the same Provisions.
(c)(i) The Procedures of the Senate shall be the same as the Procedures of the House of Commons.
(ii) Motions of No Confidence in the Senate shall be put to vote in the House of Commons, and shall be passed with a Three-Fifths Majority.
(iii) The Term of the Senate shall be the same as the Term of the House of Commons.
(d) Each Province shall be allotted two Senators, and each Province shall elect its own Senators.
(e) The President of the Senate shall preside over the Senate in the same capacity as the Speaker of the House of Commons.
4. The Date of an Election shall be set by the Chief Electoral Officer, who shall be appointed by the President of the Senate and who shall preside over all Elections.
If one year less one day passes between sittings of a House of Parliament, that House shall be dissolved and an Election for that House held.
5. The Powers of Federal and Provincial Governments shall be apportioned as per the Constitution Act, 1867.
Lord Setar · Tue Jan 27, 2009 @ 09:33am · 0 Comments |
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