Presiding Member submits Draft to State Caucus

Presiding Member Will Sörgel of the State Caucus of Sandus, the provisional legislature of the state, has recently submitted the draft of the Constitution of the Democratic People’s Republic of Sandus to the State Caucus. Comprised of 7 sections, 127 articles, numerous sub-sections and 3,449 words, the sixth constitution of the state sets up a unicameral legislature, an independent judiciary, an economic system, rights and freedoms for Sandum citizens, a State Council, a Presidency and a legislature for the armed forces.

The next step is for the State Caucus to ratify the draft and the draft is submitted to national referendum.

Below is the draft:

The Constitution of the Democratic People’s Republic of Sandus

Preamble

When in the course of human history that it becomes necessary to procure a free, independent state from a government that is no longer in approval by any free or sovereign people, such a people have their basic right to secure a free and sovereign state.

Therefore, the People of Sandus, and their representatives assembled, provide within this Constitution of the Democratic People’s Republic of Sandus the same right and powers that these people grant to their government. And, so may it be that this state of Sandus be secured by and with the popular will of these sovereign people, led by the guiding hand of the Citizens’ Communist Party of Sandus, to create a sovereign, democratic and socialist state for the betterment of our people and our children, in compassion and virtue to ourselves and to our world.

Section One – the State:

Sub-Section One – State:

Article 1. The Democratic People’s Republic of Sandus is a socialist state of the sovereign Sandum people, whether they be workers, farmers or intellectuals.

Article 2. All power belongs to the sovereign people expressed by their delegates to the People’s Chamber, organised on the theory of democratic centralism, dictating that all power lies in a central body with initiatives that originate from regions or localities. Duty of the State to the people is the concern of the State.

Article 3. For the maintenance of order of the socialist society and the people’s rights, the state and its functions are based on socialist law and theory, led by the Citizens’ Community Party of Sandus.

Article 4. Major matters of the State and of the sovereign people are to be submitted by national referendum.

Sub-Section Two – Economic System:

Article 5. The economic foundation of the state rests in socialist ownership of state property owned and run by the people, with means of production by collective organisations of the people.

Article 6. The rules and objectives of collective organisations are laid down in the law and the organisations’ rules.

Article 7. Income is found on the basis of labour; from each according to their ability and to each according to their needs and work.

Article 8. Each citizen has freedom by means of personal implements of everyday use, convenience and benefit to themselves or their families. Personal objects are inheritable. Personal objects are defined, regulated and provided by the law.

Article 9. The social improvement and social wealth shall be founded upon the labour of the people, free from exploitation.

Article 10. The State shall create and found in the law the regulations for the security of the health and living of the people and shall represent the needs of collective organisations to secure assets for the production and the distribution of the value of the labour of the collective organisations.

Article 11. The State provides the right of individual labour of individual arts according to the law and regulates such arts in accordance with their benefit to all of society.

Article 12. The State shall take proactive steps to secure and promote the scientific, agricultural, health and environmental welfare in the best interests of present and future generations.

Sub-Section Three – Social Development & Society:

Article 13. The socialist society of Sandus is based upon the alliance of the sovereign people united as workers, farmers and intellectuals.

Article 14. The State shall provide increasing amounts of opportunities for the expression and welfare of the people for all equally.

Article 15. The State shall protect the safety and health of the entire people.

Article 16. The State shall provide for the modernisation of all co-operatives and labour.

Article 17. The State shall provide a uniform education system, open and free to all, that provides general and occupational education to all people.

Article 18. In accordance and in preparation of society’s needs, the State shall provide for planned development of the state and all activities of the state or the people.

Article 19. The State shall provide for the protection of cultural and people’s weal for their education and welfare.

Sub-Section Four – Foreign Policy:

Article 20. The State shall pursue policies of peace and co-operation with foreign states, in line with Leninist theory. The state shall promote and strengthen comradry with socialist states in accordance with the law and in accordance with the theory of socialist internationalism.

Article 21. The State shall pursue policy that shall strengthen the interests of the state abroad, strengthen the conditions of the people and socialism within the state, support the struggles of peoples who shall pursue national liberation and social progress and prevent aggression and war.

Article 22. The State shall engage in relations with other states which demonstrate that they are prepared to observe the sovereignty of other states and of their peoples, promote peaceful and mutual discourse and co-operation between states, respect the inviolability of frontiers and the territorial integrity of states, demonstrate respect for human rights and fundamental freedoms, and agree to make the necessary provisions for the fulfilment of obligations arisen from recognised principles and rules of international law and from international treaties signed by or by the multilateral co-operation of the state.

Sub-Section Five – Defense:

Article 23. In the proper order to defend the socialist society, the state & its sovereignty, the people and the socialist production & gains, the State provides for a defense force obligated to be at constant readiness for acts of aggression against the State.

Article 24. The State shall provide for the armed defense forces of Sandus the supplies and regulations required to fulfill the mission of protection as stipulated in the law.

Article 25. The organisation of the armed defense forces shall be provided according to the law.

Section Two – the Rights of the People:

Sub-Section One – Citizenship:

Article 26. Uniform citizenship is provided for the State. The procedure of acquiring and forfeiting citizenship shall be provided by the law. Citizens enjoy the protection and assistance of the State, both foreign and domestic.

Article 27. Citizens are equal before the law, without the inclination of discriminatory beliefs found upon sex, nationality, origin, social or economic status, education, lingual inheritance, religion, occupation, or any other status.

Article 28. Females and Males have equal rights in the State.

Article 29. Citizens of differing nationalities have equal rights in the State.

Article 30. Foreign citizens or refugees of foreign regions shall be equal before the law.

Article 31. The State provides for asylum of persecuted individuals or peoples according to the law.

Sub-Section Two – Rights and Obligations of Citizens:

Article 32. Citizens of the State enjoy the entirety of the rights proclaimed in this constitution, without hindrance to equality of the citizens before the law. The expression of rights must not infringe upon the rights of other citizens or be to the detriment of the interests of the state or of society. These rights shall be stipulated, provided and protected according to the law.

Article 33. Citizens of the State have the right to work according to their education, their desire, their abilities, and in the interests of society.

Article 34. Citizens of the State have the right to rest and leisure.

Article 35. Citizens of the State have the right to the protection of their health and welfare.

Article 36. Citizens of the State have the right to care in sickness, old age, or disability.

Article 37. Citizens of the State have the right to housing.

Article 38. Citizens of the State have the right to education.

Article 39. Citizens of the State have the right to enjoy their cultural benefits.

Article 40. Citizens of the State have the right to expression and advancement of scientific, technological and artistic work.

Article 41. Citizens of the State have the right to administer and manage the state and government at local and central government, according to their democratic expression.

Article 42. Citizens of the State have the right to submit initiviates and critiques to the central people’s government, according to the theory of democratic centralism.

Article 43. Citizens of the State have the right to expression by speech, press and assembly, to strengthen and develop the socialist system and government.

Article 44. Citizens of the State have the right to conscience. Hostility or the incitement thereof is prohibited. In the State, the state is seperate from the church.

Article 45. Families of the State enjoy the protection of the state.

Article 46. Citizens of the State enjoy the right to privacy of their persons and of the home.

Article 47. The State shall respect the rights of the citizens.

Article 48. Citizens of the State have the right to lodge complaints or petition the State or any official therein for redress.

Article 49. The rights of the citizens is inseperable from their duties and obligations to the State.

Article 50. It is the duty of every citizen to work according to his desires, his abilities and his education for the development of the socialist society.

Article 51. Citizens of the State are obliged to preserve and protect state property.

Article 52. Citizens of the State are obliged to combat misappropriation and squandering of state property and thriftly and consciously use the wealth of the people and of the State.

Article 53. Citizens of the State are obliged to protect the interests, power and prestige of the State.

Article 54. Citizens of the State are obliged to respect the national dignity of citizens and to strengthen friendship between peoples.

Article 55. Citizens of the State are obliged to respect the rights and lawful interests of citizens and to maintain public and socialist order.

Article 56. Citizens of the State are obliged to raise their children in the best manner of socialist society and are obliged to care for and help parents.

Article 57. Citizens of the State are obliged to protect and conserve nature.

Article 58. Citizens of the State shall show respect and concern for the historical and cultural monuments.

Article 59. Citizens of the State are obliged to promote friendship and co-operation between states and peoples and help maintain and strengthen peace between states and peoples.

Section Three – the Structure of the State:

Sub-Section One – Districts:

Article 60. The State shall be comprised of districts.

Article 61. The role of districts shall be for the ease of the execution of the law and for the provision of the democratic government to the people by means of voting.

Article 62. The administration of the districts is elected by the people.

Article 63. The elected officials of the districts shall submit proper initiatives to delegates of the People’s Chamber.

Sub-Section Two – Autonomous Districts:

Article 64. The State may create autonomous districts.

Article 65. The role of autonomous districts shall be to provide an independent government of a certain region, subject to the central people’s government. The officials of such governments shall be representatives of their autonomous districts to the People’s Chamber and shall be prohibited from voting.

Article 66. The government of the autonomous districts is elected by the people and comprising a legislature of the residents. The government of the autonomous districts is subject to the charter and constitution of such an autonomous district.

Article 67. The elected officials of the autonomous districts shall submit proper initiatives to the delegates of the People’s Chamber and may perform the duties according to their individual charters or constitutions.

Article 68. The laws of the State remain in force in the autonomous districts.

Section Four – the Central People’s Government:

Sub-Section One – People’s Chamber:

Article 69. The People’s Chamber is a unicameral legislature of the people, comprised of 30 seats.

Article 70. The People’s Chamber shall legislate and resolute on matters to the concern of the State and for the work of the State to the people.

Article 71. No legislation that suspends the writ of habeas corpus, that shall prosecute an individual and an action which has previously happen shall not be passed by the People’s Chamber.

Article 72. No preferences shall be given by the People’s Chamber.

Article 73. The People’s Chamber shall elect a presiding Speaker of the Chamber.

Article 74. The People’s Chamber shall elect a People’s President of the Republic, who shall faithfully execute the laws of the State, by a majority vote. In the case of vacancy in such an office, the People’s Chamber shall elect a People’s President.

Article 75. The People’s Chamber shall have the power to impeach officials of the central people’s government.

Article 76. All officials of the People’s Chamber shall be nominated or supported by the Citizens’ Communist Party of Sandus.

Article 77. The election of delegates of the People’s Chamber shall be on the basis of party, by means of the theory of party-list proportional representation.

Article 78. The People’s Chamber shall be able to create any office, agency or ministry for the ease of the execution of the law.

Article 79. The People’s Chamber shall approve appointments of the People’s President to members of the State Council and shall approve the appointment of the State Defense Council to the State Council.

Article 80. Inferior appointments to the central people’s government may be subject to the law by the People’s Chamber.

Article 81. The People’s Chamber shall pass resolutions for the rules of its order and work, which shall be enforced by the speaker of the chamber, and shall provide for the public knowledge of the work of the People’s Chamber to the people. The People’s Chamber, with a majority of three-fifths of the delegates consenting, may meet privately.

Article 82. All proposals and initiatives of the People’s Chamber shall originate from a delegate of the People’s Chamber. The right of the citizens to petition the delegates of the People’s Chamber shall not be abridged.

Article 83. The People’s Chamber may re-appoint an official of the central people’s government, who has been removed, by a three-fifths vote.

Sub-Section Two – People’s President of the Republic:

Article 84. The People’s President is a delegate of the People’s Chamber who shall be elected by that chamber.

Article 85. The People’s President shall faithfully execute the laws of the State.

Article 86. The People’s President shall be the commander in chief of the armed defense forces.

Article 87. The People’s President shall have the power to grant reprieves and pardons for crimes, except in the cases of impeachment.

Article 88. The People’s President shall draft treaties and appoint ambassadors, diplomats and commissioners from the State to foreign states or peoples with the consent of the People’s Chamber.

Article 89. The People’s President appoint officials to vacant offices and positions in the central people’s government with the approval of the People’s Chamber, except in the cases of officials of the armed defense forces.

Article 90. The People’s President shall appoint members of the State Council with the approval of the People’s Chamber.

Article 91. The People’s President shall recommend legislation that should be necessary to the execution of the office and shall annually address the People’s Chamber on the affairs of the Republic.

Sub-Section Three – State Council:

Article 92. The State Council is comprised of the delegates of the People’s Chamber whom the People’s President appoints to any office, agency or ministry for the execution of the law.

Article 93. The presiding member of the State Council is the People’s President.

Article 94. The member of the State Council with concerns to the armed defense forces shall be elected by the State Defense Council and approved by the People’s Chamber.

Article 95. The State Council shall advise the People’s Chamber on matters that are necessary to the execution of the law.

Article 96. The power of the State Council shall be provided for according to the law.

Sub-Section Four – State Defense Council:

Article 97. The State Defense Council is comprised of all senior ranking members of the armed defense forces of the State, divided amongst their branches.

Article 98. The People’s President shall promote members of the armed defense forces, according to the law.

Article 99. The State Defense Council shall elect the member of the State Council concerning the armed defense forces and shall be approved by the People’s Chamber.

Article 100. The State Defense Council shall advise the State Council, the People’s Chamber and the People’s President with concerns to the defense of the State.

Article 101. The State Defense Council shall meet in privacy for the best interests of the State.

Section Five – the Judiciary:

Article 102. In the State, justice is only administered by the courts.

Article 103. All courts of the State shall be formed on the electiveness of the people’s judges and assessors.

Article 104. The People’s Supreme Court is the highest judicial court in the State.

Article 105. The People’s Supreme Court shall administer and supervise the administration of justice in the State.

Article 106. The People’s Supreme Court shall be presided by a chairman elected by the People’s Chamber, on the appointment of the People’s President.

Article 107. The People’s Supreme Court shall consist a number of judges as delegated by the law.

Article 108. People’s judges and assessors shall hear judicial cases in collegial practice.

Article 109. Cases are heard with the participation of the people’s judges and assessors.

Article 110. People’s judges, assessors and procurators are independent and subject only to the law. The agencies of the judiciary execute and administer the law independently and impartially of the central people’s government.

Article 111. Justice is administered on the principle of equality of the citizens before the law.

Article 112. A defendant shall be granted legal assistance.

Article 113. No person shall be guilty and subjected to punishment for a crime except by the sentence of a court and in conformity with the law.

Article 114. Colleges of advocates are available to provide assistance to citizens and organisations.

Article 115. Disputes between co-operatives shall be settled by arbitration in the courts.

Article 116. People’s procurators shall prosecute offenders of the law in conformity with Article 113. The people’s procurator-general shall be appointed in the manner found in Article 117 and is responsible to the prosecution of the various trials of the State.

Article 117. People’s judges, assessors and procurators shall be appointed by the People’s President and shall be approved by the People’s Chamber.

Article 118. The terms of the people’s judges, assessors and procurators shall be subject to the law.

Article 119. The lower courts of the State may be created and formed according to the law. The administration of justice of those lower courts may not contravene the provisions of the constitution.

Section Six – the Symbols of the State:

Sub-Section One – Flag:

Article 120. The flag of the State is a rectangle of scarlet cloth with a hammer and sickle in the upper corner near the staff and with a five-pointed red star bordered in gold above the hammer and sickle. In the centre of the flag is a wreath of laurel leaves with the letters P and S in the centre of the wreath. On the side opposite the staff is a stripe of prussian blue.

Sub-Section Two – Emblem:

Article 121. The emblem of the State is a shield bearing a laurel wreath with the letters P and S in the centre of the wreath on a background of illuminating rays originating from a five-pointed red star bordered in gold above the shield surrounded by two shafts of wheat held together by scarlet ribbon.

Sub-Section Three – Motto:

Article 122. The motto of the State is Populum Sandus, or People of Sandus.

Sub-Section Four – Anthem:

Article 123. The anthem of the State is confirmed by the People’s Chamber.

Sub-Section Five – Capital of the State:

Article 124. The capital of the State and of the central people’s government is designated by the People’s Chamber.

Section Seven – Ratification and Amendment:

Article 125. The Constitution of the Democratic People’s Republic of Sandus shall have supreme legal force and shall be the founding law of the State. All laws and acts of state must be promulgated on the basis and in confirmity with the Constitution.

Article 126. The Constitution of the Democratic People’s Republic of Sandus shall be ratified by a majority vote of the State Caucus of Sandus and by a majority vote of a referendum of the State.

Article 127. The Constitution of the Democratic People’s Republic of Sandus shall be amended by a decision of the People’s Chamber of no less than two-thirds of its delegates in approval and by a majority vote of the people in a national referendum.

 

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