Difference between revisions of "Former Constitution of Ireland"

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Revision as of 20:29, 14 October 2010

Abolishment of a Constitution

The Irish Congress has since voted to remove a Constitution from its legal Repository, moving to regulative law over this form, and making this document history.

Former Constitution of eIreland

NOTE: This draft has not been approved by the admin and thus is not legally binding.


We, the people of Éire, seeking 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 preserved, and concord established with other nations, do hereby adopt, enact, and give to ourselves this Constitution.

ARTICLE 1: THE NATION AND THE STATE

1.1 The Irish Nation hereby claims its right to choose its own form of Government, to determine its relations with other nations, and to develop its life; political, economic and cultural, in accordance with its own will and traditions.

1.2 Ireland is a sovereign, independent, democratic state.

1.3 The name of the State is Éire, or in the English language, Ireland.

1.4 The description of the form of government shall be "Poblacht", or "Republic" in the English language.

1.5 The national flag is a tricolour of green, white and orange.

1.6 The national languages of the Irish state are Irish and English.

1.7 All natural resources of Ireland are the sole property of the Irish state, and extraction of said resources may be controlled and/or regulated on behalf of Irish citizens by the Irish government.

1.8 Loyalty to the State is a duty of all citizens.

1.9. All citizens must abide by the laws of the State.

ARTICLE 2: RIGHTS OF THE CITIZENS

2.1 All citizens are equal before the law.

2.2 All citizens have the right to freely express their opinions so long as these opinions do not violate the rules of erepublik or any articles in this constitution.

2.3 All citizens have the right to one (1) vote per election or referendum.

2.4 All citizens have the right to form political parties, associations, and unions. These groups cannot, however, violate the rights of another citizen.

2.5 All citizens have the right to live free of harassment or oppression by another citizen.

ARTICLE 3: THE OFFICE OF An TAOISEACH

3.1 The current office of the President shall be known as the office of An Taoiseach.

3.2 An Taoiseach is the Head of State and shall perform the duties conferred upon him by Erepublik and this Constitution.

3.3 Taoisigh may hold a maximum of three (3) consecutive offices. There is no limit on the number of non-consecutive offices Taoisigh can hold.

3.4 The Taoiseach shall have the right to create and dissolve government sanctioned ministries. The Taoiseach reserves the sole right to appoint and dismiss ministers as he sees fit.

3.5 Ministers reserve the right to appoint any number of Ministers of State to assist in their duties, with the approval of An Taoiseach.

3.6 An Taoiseach is the supreme commander of the military forces of the state.

3.7 To become An Taoiseach, a citizen must have citizenship of Ireland for at least sixty (60) consecutive days upon being elected.

3.8 In the event of invasion, the Taoiseach may take any measures necessary for the protection of the Irish Treasury and Nation.


ARTICLE 4: Dáil Éireann

4.1 The Congress of Ireland shall be known as Dáil Éireann.

4.2 Members of Dáil Éireann shall be known as Teachtaí Dála, or Teachta Dála in singular form.

4.3 All Teachtaí Dála can purpose Legislation with regards to government policies.

4.4 Dáil Éireann can Pass or Veto any proposal of War, Peace, Trade Agreement, Non-Aggression Pacts, Mutual Protection Pacts and other inter or intra-governmental contracts.

4.5 Dáil Éireann can Pass or Block withdrawals from the Treasury.

4.6 All legislation must be proposed, debated and voted upon before it becomes law. The method and duration of debate and voting will be determined by Dáil Eireann. Any changes to the method and duration of voting must be passed by 2/3 majority of active Dail Eireann.

4.7 Teachtaí Dála can call for a vote of impeachment of the Taoiseach.

4.8 Teachtaí Dála can call for a vote of no confidence if they feel that a Minister is not performing to a satisfactory standard. The vote must be passed by two-thirds (2/3) of Dáil Éireann. Should the vote pass An Taoiseach must dismiss the Minister in question.

ARTICLE 5: THE SUPREME COURT

5.1 This Constitution hereby establishes the Supreme Court of Ireland to be composed of three (3) member, nominated by the Taoiseach and confirmed by a majority of the members of the Dáil. Only citizens who are over level Fourteen (14) and of respected character can be nominated to the court by the Taoiseach. The discussion and voting period shall both be 48 hours in length.

5.2 A person serving on the Supreme Court must be a citizen of the Republic of eIreland and resident within it's borders. If a member of the Supreme Court permanently leaves eIreland or changes there citizenship they will cease to be a member of the Supreme Court.

5.2.1 For the purpose of Article 38, the time frame to have been considered to have permanently left the Republic shall be determined by Act of the Dáil, unless the Justice informs the Taoiseach and places a notice in the Public Dáil Thread of the National Forums.

5.3 The Supreme Court shall reside on IRC in the channel #IrishSC, it shall be the only body with the right to final interpretation the Constitution of eIreland. It shall also adjudicate on cases referred to it by either the Taoiseach or by a majority vote of the Dáil.

5.4 A Justice of the Supreme Court shall not be a sitting member of the Dáil, President of a Political Party, Government Minister, or Taoiseach and if such is nominated by the Taoiseach and confirmed by the Dáil he/she shall resign their former position.

5.5 If a Supreme Court Justice has been found guilt of a grievous crime before the Supreme Court they shall cease to be a member of the court with a majority approval of the Dáil. If the Dáil feels that a Justice of the Court has been impaired by his or her actions they may remove the Justice in question, with a 2/3 majority of the active Members of the Dáil, without referral to the full court or the Taoiseach.

5.6 If a member of the court is accused of a crime they will be suspended from the Court while a trail is completed. They Dáil shall have the power to decide the manner in which the vacant seat can be temporally filled while the trail takes place. If the Justice is found guilty they shall be removed in the manner stated in article 41 of this constitution.

5.6.1 If a Justice is removed from the court in the manner stated in Article 41, then the seat can only be filled by nomination process as stated in Article 37 of this Constitution after the vote of remove in the Dáil is complete.


ARTICLE 6: DISCRIMINATION

6.1 Every Citizen shall not be subjected to discrimination on the following grounds: Religion, Ethnic Origin, Language, Gender, Political Opinion, Sexual Orientation.

6.1.1 Provisions for the baring of discrimination in the area of language shall not change the status of Article 1.6 of this Constitution.

6.2 No political party may be set up on the basis of a Religion, Ethnic Origin, Language, Gender, Sexual Orientation.

6.3 No political party may tolerate only one religious denomination within their membership, or seek to exclude membership based on Ethnic Origin, Language, Gender, Sexual Orientation.

6.4 No citizen shall be allowed to discriminate against any other citizen or group of citizens on the basis of religion, Ethnic Origin, Language, Gender, Political Opinion or Sexual Orientation.

ARTICLE 7: INTERNATIONAL RELATIONS

7.1 Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations.

7.2 Ireland affirms its adherence to the principle of the pacific settlement of international disputes.

7.3 The Taoiseach, with the agreement of a majority (51% or greater) of Dáil Éireann, shall have the power to ratify international agreements, treaties, and contracts.

ARTICLE 8: CRIMES AGAINST THE STATE

8.1 Treason shall be defined as assisting any State or person or inciting or conspiring with any State or person to levy war against the State, or attempting 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.

8.2 Conspiracy shall be defined as assisting any State or person or inciting or conspiring with any State or person to overthrow the legitimately elected government of a foreign nation or immorally depriving another person or State of its wealth.

8.3 Charging a citizen with treason or conspiracy shall be decided by Dáil Éireann, or in the case of a Supreme Court Justice, the Taoiseach.

8.4 Trials of treason or conspiracy shall be conducted by the Supreme Court.

8.3 The possible sentences for treason or conspiracy handed down by the Supreme Court are permanent exile, an unlimited fine, and/or a permanent employment/business ownership ban.

8.4 If a Justice of the Supreme Court is charged with treason or conspiracy, they must automatically leave their position, and their position filled by a replacement. They may return to their position upon acquittal.

ARTICLE 9: AMENDING THE CONSTITUTION

9.1 Any part of this Constitution may be amended.

9.2 A proposal to amend the Constitution must be proposed by a Teachta Dála.

9.3 After being introduced, the proposal to amend the Constitution shall be voted by Dáil Éireann. The proposal passes if two-thirds (2/3) of active members of Dáil Éireann vote in favour, at which point the Constitution will be changed in he manner set out in the proposal. Any amendment that contradicts or violates another article of the constitution, without due reference to that article, is considered null and void.






AMENDMENTS PROPOSED TO THE CONSTITUTION

Proposed Amendments to the Constitution in accordance with Article 54

1st Amendment (DISCRIMINATION) to the Constitution Septe: PASSED
http://ieforums.hobbittown.com/default.aspx?g=posts&t=440

2nd Amendment (THE SUPREME COURT) to the Constitution: PASSED
http://ieforums.hobbittown.com/default.aspx?g=posts&t=549

3rd Amendment (NATION/STATE/GOVERNMENT SECTIONS) to the Constitution: PASSED
http://ieforums.hobbittown.com/default.aspx?g=posts&t=668

4th Amendment (FORMATTING) to the Constitution: FAILED
http://ieforums.hobbittown.com/default.aspx?g=posts&t=654

5th Amendment (FORMATTING) to the Constitution: PASSED
http://ieforums.hobbittown.com/default.aspx?g=posts&t=679