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Second Unofficial Draft: Constitution of Iceland

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xtremepop45 is not online. xtremepop45
Joined: 27 Mar 2011
Total Posts: 552
12 Sep 2015 09:55 PM
I.
Article 1
Iceland is a Republic with a parliamentary government.

Article 2
Parliament and the President of Iceland jointly exercise legislative power. The President and other governmental authorities referred to in this Constitution and elsewhere in the law exercise executive power. Judges exercise judicial power.

II.
Article 3
The President and Prime Minister of Iceland shall be elected by the people.

Article 4
Any person who is a citizen of Iceland and passes a simple application is eligible to be elected President or Prime Minister.

Article 5
The President and Prime Minister shall be elected by separate direct, secret ballots. The candidate, if there is more than one, who receives the most votes, is duly elected President or Prime Minister, respectively. If there is only one candidate, he is duly elected without a vote.

Further provision for the candidature and election of the President and Prime Minister shall be made by law.

Article 6
The President's term of office lasts four months from the day of election. The election of the next President takes place near the end of the current President’s term.

Article 7
If the President resigns prior to the expiry of his term of office, a new President shall be elected on the normal basis.

Article 8
If the Office of President of the Republic becomes vacant or if the President is unable to perform his duties due to a stay abroad, illness, or other reasons, the Prime Minister, the President of Parliament and the President of the Supreme Court shall exercise presidential authority. The President of Parliament shall preside at their meetings. In a divergence of opinion among them, the majority shall prevail.

Article 9
The President of the Republic may not be a Member of Parliament.

Disbursements from State funds to the President or those who exercise presidential authority shall be decided by Parliament.

Article 10
On assuming office, the President shall take an oath or pledge to uphold the Constitution.

Article 11
The President of the Republic may not be held accountable for executive acts. The same applies to those who exercise presidential authority.

The President may not be prosecuted on a criminal charge except with the consent of Parliament.

The President may be removed from office before his term expires if decided in Parliament by a three-fourths majority vote. If this vote is not passed, Parliament shall be immediately dissolved and new elections called.

Article 12
The President entrusts his authority to Ministers.

The seat of Government is in Reykjavik.

Article 13
Ministers are accountable for all executive acts. The accountability of the Ministers is established by law. Parliament may impeach Ministers on account of their official acts.

Article 14
The President appoints Ministers and discharges them. He determines their number and assignments.

Article 15
The State Council is composed of the President of the Republic and the Ministers and is presided over by the President.

Laws and important government measures shall be submitted to the President in the State Council.

Article 16
Ministerial meetings shall be held in order to discuss new legislative proposals and important State matters. Furthermore, ministerial meetings shall be held if a Minister wishes to raise a matter there. The meetings shall be presided over by the Minister voted upon by the citizens of Iceland to do so, who is designated Prime Minister.

Article 17
The Minister who has signed a measure shall, as a rule, submit it to the President.

Article 18
The signature of the President validates a legislative act or government measure when countersigned by a Minister.

Article 19
The President appoints public officials as provided by law.

Each public official shall take an oath or pledge to uphold the Constitution.

The President may remove from office any official whom he has appointed.

The President may transfer officials from one office to another provided that they have an option between such transfer and resigning.

Certain categories of officials may be exempted by law from this provision.

Article 20
The President of the Republic concludes treaties with other States. Unless approved by Parliament, he may not make such treaties if they entail renouncement of, or servitude on, group places, or if they require changes in the State system.

Article 21
The President of the Republic may dissolve Parliament. A new election must take place immediately after the dissolution.

Article 22
The President of the Republic may have bills and draft resolutions submitted to Parliament.

Article 23
If Parliament has passed a bill, it shall be submitted to the President of the Republic for confirmation not later than two weeks after it has been passed. Such confirmation gives it the force of law. If the President rejects a bill, it shall nevertheless become valid but shall, as soon as circumstances permit, be submitted to a vote by secret ballot of all those eligible to vote, for approval or rejection. The law shall become void if rejected, but otherwise retains its force.

Article 24
All laws shall be published. The form of publication and the implementation of laws shall be in accordance with law.

Article 25
In case of urgency, the President may issue provisional laws when Parliament is not in session. Such laws must not, however, be contrary to the Constitution. They shall always be submitted to Parliament as soon as it convenes.

If Parliament does not approve a provisional law, or if it does not complete its consideration of the law within six weeks after convening, the law shall become void.

Article 26
The President may decide that the prosecution for an offense be discontinued if there are strong reasons therefore. The President grants pardon and amnesty. However, he may not absolve a Minister from prosecution or from a punishment imposed by Parliament, unless approved by Parliament.

Article 27
The President, or other governmental authorities entrusted by the President, grants exemptions from laws in accordance with established practice.

III.
Article 28
Parliament shall be composed of sixteen members elected by the people by secret ballot on the basis of proportional representation for a term of four months.

Provisions of law relating to the methods of allocating seats in Parliament can only be amended by a two-thirds majority in Parliament.

Article 29
Sessions of Parliament are held in one chamber.

Article 30
All persons who, on the date of an election, are a citizen of Iceland have the right to vote in Parliamentary elections.

Further provisions regarding elections to Parliament shall be laid down in the law on elections.

Article 31
Every citizen has the right to vote in elections to Parliament and an unblemished reputation is eligible to be elected to Parliament.

Supreme Court Judges may not be elected into Parliament.

IV.
Article 32
Parliament is inviolate. No person may disturb its peace or violate its freedom.

Article 33
Parliament shall normally convene in Reykjavik, but under special circumstances the President of the Republic may order that Parliament convene at another place in Iceland.

Article 34
Members of Parliament and Ministers are entitled to introduce bills and draft resolutions.

Article 35
Parliament may appoint committees of its Members in order to investigate important matters of public interest. Parliament may grant authority to such committees to request reports, oral or written, from officials as well as from individuals.

Article 36
The financial accounts of the State, its institutions and administrative bodies, shall be subject to an audit by, or under the supervision of Parliament, as provided by law.

Article 37
Regular elections to Parliament shall take place not later than at the end of the electoral term.

Article 38
Parliament decides whether its Members are legally elected and also whether a Member has lost eligibility for election to Parliament.

Article 39
Each new Member of Parliament shall take a pledge to uphold the Constitution when his election has been approved.

Article 40
No Member of Parliament may be subjected to custody on remand during a session of Parliament without the consent of Parliament, nor may a criminal action be brought against him unless he is caught in the act of committing a crime.

No Member of Parliament may be held accountable outside Parliament for statements made by him in Parliament, except with the consent of Parliament.

Article 41
If a Member of Parliament loses eligibility for election to Parliament, he forfeits those rights that the election brought him.

Article 42
Ministers are entitled to a seat in Parliament and, by virtue of their office, have the right to participate in its debates as often as they may desire, but they must observe the rules of procedure. They have the right to vote only if they are at the same time Members of Parliament.

Article 43
Parliament elects a President, who presides over its proceedings.

Article 44
Parliament may not take a decision unless a quorum of more than half of its Members are present at the meeting and take part in the voting.

Article 45
Each Member of Parliament may request, subject to the permission of Parliament, information from a Minister or an answer regarding a public matter, by tabling a question or requesting a report.

Article 46
Should Parliament not find cause to take a decision on a given matter it can refer it to a Minister.

Article 47
Meetings of Parliament shall be held in public. Nevertheless, the President of Parliament, or the quorum stipulated by the rules of procedure, may request that all those not Members of Parliament be excluded. The meeting shall then decide whether the matter shall be debated in a public or a closed session.

Article 48
The rules of procedure of Parliament shall be determined by law.

V.
Article 49
The organization of the judiciary can only be established by law.

Article 50
Judges settle all disputes regarding the competence of the authorities. No one seeking a ruling thereon can, however, temporarily evade obeying an order from the authorities by submitting the matter for a judicial decision.

Article 51
In the performance of their official duties, judges shall be guided solely by the law. Those judges who do not also have administrative functions cannot be discharged from office except by a judicial decision, nor may they be transferred to another office against their will, except in the event of re-organization of the judiciary.

VII.
Article 52
Everyone shall be equal before the law and enjoy human rights irrespective of gender, religion, opinion, national origin, race, property, birth or other status.

Men and women shall enjoy equal rights in all respects.

Article 53
No one may be deprived of Icelandic citizenship.

An Icelandic citizen cannot be barred from entering Iceland nor expelled there from.

Article 54
No one may be deprived of his liberty except as permitted by law.

Any person deprived of his liberty shall be entitled to be informed promptly of the reasons for this measure.

Any person arrested by reason of suspicion of criminal conduct shall be brought before a judge without undue delay. If he is not released at once, the judge shall, within 24 hours, issue a reasoned decision on whether he shall be detained on remand. Detention on remand may only be ordered due to a charge subject to heavier sanctions than fines or punitive custody. The right of a person detained on remand to refer the decision on his remand to a superior court shall be guaranteed by law. A person shall never be detained on remand for longer than necessary.

Any person deprived of his liberty for other reasons shall be entitled to have the legality of the measure reviewed by a court as soon as possible. If his deprivation of liberty proves to have been unlawful he shall be released forthwith.

Any person deprived of his liberty without valid reason shall have a right to compensation.

Article 55
No one may be subjected to degrading treatment or punishment.

Article 56
No one may be subjected to punishment unless found guilty of conduct that constituted a criminal offence according to the law at the time when it was committed, or is totally analogous to such conduct. The sanctions may not be more severe than the law permitted at the time of commission.

Article 57
Everyone shall, for the determination of his rights and obligations or in the event of a criminal charge against him, be entitled, following a fair trial and within a reasonable time, to the resolution of an independent and impartial court of law. A hearing by a court of law shall take place in public, except if the judge decides otherwise as provided for by law in the interest of morals, public order, the security of the State or the interests of the parties.

Everyone charged with criminal conduct shall be presumed innocent until proven guilty.

Article 58
Everyone shall enjoy freedom from interference with privacy.

Search of a person's premises or possessions may only be conducted in accordance with a judicial decision or a statutory law provision.

Notwithstanding the provisions of the first paragraph above, freedom from interference with privacy may be otherwise limited by statutory provisions if this is urgently necessary for the protection of the rights of others.

Article 59
The right of private ownership shall be inviolate. No one may be obliged to surrender his property unless required by public interests. Such a measure shall be provided for by law, and full compensation shall be paid.

The right of foreign parties to own real property interests or shares in business enterprises in Iceland may be limited by law.

Article 60
Everyone has the right to freedom of opinion and belief.

Everyone shall be free to express his thoughts, but shall also be liable to answer for them in court. The law may never provide for censorship or other similar limitations to freedom of expression.

Freedom of expression may only be restricted by law in the interests of public order or the security of the State, for the protection of health or morals, or for the protection of the rights or reputation of others, if such restrictions are deemed necessary and in agreement with democratic traditions.

Article 61
Associations may be formed without prior permission for any lawful purpose, including political associations. An association may not be dissolved by administrative decision. The activities of an association found to be in furtherance of unlawful objectives may however be enjoint, in which case legal action shall be brought without undue delay for a judgment dissolving the association.

People are free to assemble unarmed. Public gatherings may be attended by police. Public gatherings in the open may be banned if it is feared that riots may ensue.

Article 62
Everyone is free to pursue the occupation of his choosing. This right may however be restricted by law, if such restriction is required with regard to the public interest.

Article 63
The law shall guarantee for everyone the necessary assistance in case of danger, injuries, unemployment and similar circumstances.

Article 64
Proposals to amend or supplement this Constitution may be introduced at sessions of Parliament. If the proposal is adopted, Parliament shall immediately be dissolved and a general election held. If Parliament then passes the resolution again unchanged, it shall be confirmed by the President of the Republic and come into force as constitutional law.
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