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[EIRE] The Constitution of the Republic of Ireland

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boss409 is not online. boss409
Joined: 20 Aug 2010
Total Posts: 20
11 Jan 2014 01:02 PM
PREAMBLE
In the Name of all that is good, we, the people of Éire, seek to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations, do hereby adopt, enact, and give to ourselves this Constitution.


THE NATION
Article 1
The Irish nation hereby affirms its inalienable, indefeasible, and sovereign right to choose its own form of Government, along with the right to determine its relations with other nations.


THE STATE
Article 2
The name of the State is Éire, or, in the English language, Ireland.
Article 3
Ireland is a sovereign, independent, democratic state.
Article 4
All powers of government, legislative, executive and judicial, derive from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.
Article 5
The national flag is the tricolour of green, white and orange.
Article 6
The Irish and English language is recognised as a first and second official language respectively.


THE PRESIDENT
Article 7
1. There shall be a President of Ireland, (Uachtarán na hÉireann), hereinafter called the President, who shall take precedence over all other persons in the State and who shall exercise and perform the powers and functions conferred on the President by this Constitution and by law.
2. The President shall serve as the Head of State, Commander-In-Chief of the Armed Service, and the leader of the Republic of Ireland.
3. The President shall serve his term faithfully until resignation or death.
//1. In the event of resignation or death occurring, an election for the office of President shall be held not later than 14 days.
//2. Every citizen who has the right to vote at an election for members of Dáil Éireann shall have the right to vote at an election for President.
//3. The following must be met in the event of a Presidential election
//// 1. Every citizen who has been in the nation for more than 60 days is eligible for election to the office of President
//// 2. Former Presidents that have resigned from the position Former or retiring Presidents may become candidates on their own nomination.
//// 3. Where only one candidate is nominated for the office of President it shall not be necessary to proceed to a ballot for his election.
//// 4. The President shall not be a member of either House of the Oireachtas. (The President shall not be a member of either House of the Oireachtas).
4. The President shall consult with the Prime Minister and approve bills created by the legislative branch. In the unlikely event he declines it, the bill is either terminated or rewritten in a way the President feels the bill best suits the nation.
5. The President may appoint officers into the Defence Forces at the approval of the Minister of Defence.
6. The President may order military engagements with other nations but may not declare war without approval and majority of Parliament.
7. The President may act unilaterally, and is the ultimate authority on most issues.
8. The President shall have the power to sanction departments and pass legislation in Parliament
9. The President shall have an official residence in or near the City of Dublin


THE NATIONAL PARLIAMENT
Article 8
The National Parliament shall be called and known, and is in this Constitution generally referred to, as the Oireachtas. The power of electing representation shall lie with the people, who shall elect six new Oireachtas members every two months. Parliament will serve a four month term and will be limited to three terms.
1. No persons may be elected into the Parliament without having been a citizen of the Republic for at least 4 weeks, and must not at any time have been convicted of the heinous crimes of terror, civil disobedience, and rebellion against the Republic.
2. Parliament elections are to be held once (or more depending on the amount of members needed), every two months, and members serving a 4 month term. There is no limit as to how many members are to be elected – this is chosen by the executive branch of the gove
srnment.
3. The Speaker of the Chambers will be selected by the Parliament and serve until resignation.
4. Should there be vacancies in the Parliament, the Executive Branch of Ireland and the Speaker will meet to elect a new representative to serve out the remaining time for said member’s term.
5. The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas: no other legislative authority has power to make laws for the State.
6. The Oireachtas shall not enact any law which is in any respect repugnant to this Constitution or any provision
7. The Oireachtas who are suspected of misconduct will be investigated by the Garda Siochana or the Defence Directorate. Should substantial evidence be found, the member will be impeached from office. Should the acts be severe enough, investigation will be skipped and, at the approval of both the President and Prime Minister, the parliament member will be removed from office.
8. Every law enacted by the Oireachtas which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.
9. The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission.
10. The Oireachtas shall hold at least one session every month, all of which shall be public, and in the event of an emergency, the House may hold a private sitting with the assent of two-thirds of the members present
11. Parliament members who are suspected of misconduct will be investigated by the Garda Siochana and the Defence Directorate. Should substantial evidence be found, the member will be impeached. Should the acts be severe enough, investigation will be skipped and, at the approval of both the President and Prime Minister, the parliament member will be removed from office.
Article 9
1. The members of the House shall elect a Chairman that serves until his spot is up for reelection, in which the nomination of a new Chairman is to be chosen directly after the election, by the House with a 2/3 majority.
2. The members shall be elected on the system of proportional representation by means of the single transferable vote.
Article 10
The Oireachtas are authorized to do the following:
Declare war
Impeach members of the Executive Branch with substantial evidence
Impeach members of the Judicial Branch with substantial evidence
Call upon conscription forces in times of great need
Declare a State of Emergency
Shutdown sections of the government with the approval of the President and Prime Minister
Set laws and regulations that do not conflict with this constitution
Set regulations regarding currencies
Approve, deny, or create treaties with foreign nations
Establish courts or tribunals inferior to that of the Supreme Court
Amend the Constitution with 2/3 majority AND the approval of the President, Prime Minister, and 1/3 lower executives.
Should the Constitution be approved for amendment, a Constitutional Convention will be held.


THE GOVERNMENT
Article 11
War (Military action deemed necessary after 5 days of an ongoing conflict) shall not be declared without the assent of Dáil Éireann.
Article 12
The Government shall be responsible to Dáil Éireann.
Article 13
1. The head of the Government, or Prime Minister, shall be called, and is in this Constitution referred to as, the Taoiseach, and shall have a term of seven months, which has a maximum possibility of two terms.
2. The Taoiseach's formal powers shall consist of:
// 1. Appointing Officers into the Defence Forces with consent from the Defence Minister
// 2. Appointing officials into the inferior courts at the approval of Parliament
// 3. Declaring a State of Emergency with the consent of the President and 1/3 lower executives
// 4. Requesting the removal of lower government officials
// 5. Acting as a foreign diplomat of EIRE
// 6. Establishing treaties or alliances with other nations
3. The Taoiseach has the responsibility of keeping all government positions filled, and having them approved via the National Parliament.
4. The Taoiseach shall keep the President generally informed on matters of domestic and international policy.
5. The Taoiseach shall nominate a member of the Government to be the Tánaiste.
// 1. The Tánaiste shall act for all purposes in the place of the Taoiseach if the Taoiseach should die, or become permanently incapacitated, until a new Taoiseach shall have been appointed.
// 2. The Tánaiste shall also act for or in the place of the Taoiseach during the temporary absence of the Taoiseach.
6. The Taoiseach may resign from office at any time by placing his resignation in the hands of the President.
7. Any other member of the Government may resign from office by placing his resignation in the hands of the Taoiseach for submission to the President.
8. To be eligible to run for the Taoiseach’s position, he or she must have been in the Republic for more than 60 days and must not at any time have been convicted of the heinous crimes of terror, civil disobedience, and rebellion against the Republic.
Article 14
The Minister of State for Defence shall be the Commanding Officer of the Defence Forces and shall be charged with the management and operation of the Armed Service. He or she may act unilaterally to provide for the defence of the people of the Republic.

The Defence Minister is authorized to do the following:
Establish departments and agencies under the authority of the Defence Ministry at the approval of the President and 2/3rd majority of Parliament.
Create and maintain bases and outposts of the Defence Forces unto which any raidable bases should be located upon the Presidents profile. (President must agree to the operational usage of said raidable bases.)
Order Martial Law with the approval of the President and Prime Minister or Parliament majority.
Raise the overall readiness level of the nation Prime Minister and President or Parliament majority have to confirm or deny.
Oversee Defence Directorate and Defence Forces operations, both at home and overseas
Create and maintain a Navy
Create and maintain a Military
Propose the establishment of Conscription Forces
Propose the establishment of military structures and fortifications at the Capitol of Dublin, Ireland.
Appoint, Discharge, and assign officers and Noncommissioned officers in the Armed Services
Order and maintain the military force of the Republic as he or she may see fit and offer war counseling to the President and Prime Minister


INTERNATIONAL RELATIONS
Article 15
Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.
Article 16
Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.
THE ATTORNEY GENERAL
Article 17
There shall be an Attorney General who shall be the adviser of the Government in matters of law and legal opinion, and shall exercise and perform all such powers, functions and duties as are conferred or imposed on him by this Constitution or by law.
Article 18
The Attorney General shall be appointed by the President on the nomination of the Taoiseach.


THE COUNCIL OF STATE
Article 19
There shall be a Council of State to aid and counsel the President on all matters on which the President may consult the said Council in relation to the exercise and performance by him of such of his powers and functions as are by this Constitution expressed to be exercisable and performable after consultation with the Council of State, and to exercise such other functions as are conferred on the said Council by this Constitution.
Article 20
Every member of the Council of State appointed by the President
Article 21
The President shall not exercise or perform any of the powers or functions which are by this Constitution expressed to be exercisable or performable by him after consultation with the Council of State unless, and on every occasion before so doing, he shall have convened a meeting of the Council of State and the members present at such meeting shall have been heard by him.


THE COURTS
Article 22
The Judicial Branch shall be composed of three courts: The Court of Appeals and Civil Court, which will be referred to as the High Courts, and the Supreme Court.
Article 23
The Courts may charge foreign diplomats or citizens with crimes against the state and will aid in the issuing of punishment to said person(s).
Article 24
There shall be a President of the High Courts that administers the performance of both courts in his branch; more importantly, also acts as a Supreme Court Justice official.
Article 25
All cases must be heard by one judge; however, at the request of the President of the High Courts, he can have the case administered by a three-judge panel, which requires three judges present at the case.
Article 26
The President of the High Courts is to aid the Attorney General as well as preside in cases dealing with the Supreme Court, He or she will serve until resignation.
Article 27
Nothing in this Constitution shall operate to invalidate the exercise of limited functions and powers of a judicial nature, in matters other than criminal matters, by any person or body of persons duly authorised by law to exercise such functions and powers, notwithstanding that such person or such body of persons is not a judge or a court appointed or established as such under this Constitution.

TRIAL OF OFFENSES
Article 28
Legally possessing, owning, trading, selling, and/or moving a firearm requires a valid and specific permit and/or license. It is a privilege and reward from the Irish government, not a right. Any other use of it without a valid permit can and will be tried in court.
Article 29
No person shall be tried on any criminal charge save in due course of law.
Article 30
Minor offences may be tried by courts of summary jurisdiction.
Article 31
Treason shall consist only in levying war against the State, or assisting any State or person or inciting or conspiring with any person to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government established by this Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt.

(The '//' represents an indentation in the text)

Drafted by: Boss409
Edited by: ThatCoolGuy14, C8K, and tman008
Date: 11 January 2014
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