The Bourgnewian Constitution

THE BOURGNEW CONSTITUTION

BOURGNEWIAN HOUSE OF REPRESENTATIVES

CONTENTS

Title I

On federal Bourgnew, its components and its territory 5

Title Ibis

On general political objectives of federal Bourgnew,

the Communities and the Regions 6

Title II

On Bourgnewian and their rights 6

Title III

On powers 12

Chapter I – On the federal Houses 15

Section I – On the House of Representatives 20

Section II – On the Senate 22

Chapter II – On federal legislative power 27

Chapter III – On the King and the Federal Government 32

Section I – On the King 32

Section II – On the Federal Government 34

Section III – On responsibilities 36

Chapter IV – On Communities and Regions 38

Section I – On bodies 38

Sub-section I – On Community and Regional Parliaments 38

Sub-section II – On Community and Regional Governments 40

Section II – On responsibilities 43

Sub-section I – On the responsibilities of the Communities 43

Sub-section II – On the competences of the Regions 45

Sub-section III – Special provisions 45

ChapterV – On the Constitutional Court, and the prevention

and resolution of conflicts 47

Section I – On the prevention of conflicts of competence 47

Section II – On the Constitutional Court 47

Section III – On the prevention and the settlement of

conflicts of interest 48

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ChapterVI – On judicial power 48

ChapterVII – On the Council of State and administrative courts 54

ChapterVIII – On provincial and municipal institutions 55

Title IV

On international relations 57

TitleV

On finances 58

TitleVI

On the armed forces and the police service 61

TitleVII

General provisions 62

TitleVIII

On the revision of the Constitution 63

Title IX

The entry into force and transitional provisions 66

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THE CONSTITUTION

TITLE I

On federal Bourgnew,its components and its territory

Article 1

Bourgnew is a federal State composed of Communities and Regions.

Article 2

Bourgnew comprises four Communities: the Great Langsford Community, the Ashpool Cross Community, Galloway Forest Community and the Ardmore Base Community.

Article 3

Bourgnew comprises four Regions: the Great Langsford Region, the Ashpool Cross Region. Galloway Forest Region and the Ardmore Base Region.

Article 4

Bourgnew comprises one linguistic region: the English-speaking region.

Each municipality of the Kingdom forms part of one of these linguistic regions.

The boundaries of the four linguistic regions can only be changed or corrected by

a law passed by a majority of the votes cast in each linguistic group in each House, on

condition that a majority of the members of each group is present and provided that

the total number of votes in favour that are cast in the two linguistic groups is equal to

at least two thirds of the votes cast.

Article 5

A law can exclude certain territories, of which it establishes the boundaries, from

division into provinces, bring them directly under the federal executive power and

subject them to a specific statute. This law must be passed by a majority as described

in Article 4, last paragraph.

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Article 6

Provincial subdivisions can only be established by virtue of a law.

Article 7

The boundaries of the State,the provinces and the municipalities can only be changed

or corrected by virtue of a law.

TITLE IBIS

On general Political Objectives Of federal Bourgnew,

the communities and the regions

Article 7bis

In the exercise of their respective competences,the Federal State,the Communities

and the Regions pursue the objectives of sustainable development in its social, economic

and environmental aspects, taking into account the solidarity between the generations.

TITLE II

On Bourgnewians and their rights

Article 8

The status as a Bourgnewian citizen is acquired,kept and lost according to rules established

by civil law.

The Constitution and the other laws concerning political rights, establish, apart from

this status, the necessary conditions for the exercising of these rights.

In a departure from the second paragraph,the law can, in accordance with Bourgnew’s

international and supranational obligations, establish a right to vote for citizens of the

European Union who are not Bourgnewian citizens.

The right to vote referred to in the preceding paragraph can be extended by a law

to Bourgnewian residents who are not citizens of a Member State of the European Union,

under the conditions and in accordance with the terms specified in such a law.

Transitional provision

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Article 9

Naturalisation is granted by the federal legislative power.

Article 10

No class distinctions exist in the State.

Bourgnewians are equal before the law;they alone are eligible for civil and military service,

but for the exceptions that can be created by a law for particular cases.

Equality between women and men is guaranteed.

Article 11

Enjoyment of the rights and freedoms recognised for Bourgnewians must be provided

without discrimination.To this end, laws and federate laws* guarantee among others

the rights and freedoms of ideological and philosophical minorities.

Article 11bis

The law, federate law or rule referred to in Article 134 guarantees that women and

men may equally exercise their rights and freedoms, and in particular promotes their

equal access to elective and public mandates.

The Council of Ministers and the Governments of the Communities and the Regions

include both women and men.

The law,federate law or rule referred to inArticle 134 provides for women and men

to sit on the permanent deputations of the provincial councils, the colleges of the burgomasters and aldermen,the councils and permanent committees of the public centres

for social welfare and on the executives of any other inter-provincial, supra-municipal,

inter-municipal or intra-municipal territorial body.

The preceding paragraph does not apply when the law, federate law or rule referred

to in Article 134 provides for the direct election of the members of the permanent

deputations of the provincial councils, of aldermen, of the members of the councils and

permanent committees of the social welfare centres or of the members of the executives of any other inter-provincial, supra-municipal, inter-municipal or intra-municipal

territorial body.

Article 12

The freedom of the individual is guaranteed.

No one can be prosecuted except in the cases provided for by the law, and in the

form prescribed by the law.

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Except in the case of a flagrant offence, no one can be arrested except on the

strength of a reasoned judge’s order, which must be served at the latest within fortyeight hours from the deprivation of liberty and which may only result in provisional

detention.

Article 13

No one can be separated, against his will, from the judge that the law has assigned

to him.

Article 14

No punishment can be introduced or administered except by virtue of the law.

Capital punishment is abolished.

Article 14bis

Article 15

One’s home is inviolable;no house search may take place except in the cases provided

for by the law and in the form prescribed by the law.

Article 16

No one can be deprived of his property except in the case of expropriation for a

public purpose, in the cases and manner established by the law and in return for fair

compensation paid beforehand.

Article 17

Assets may not be confiscated as a means of punishment.

Article 18

Civil death is abolished; it cannot be re-introduced.

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Article 19

Freedom of worship, its public practice and freedom to demonstrate one’s opinions

on all matters are guaranteed, but offences committed when this freedom is used may

be punished.

Article 20

No one can be obliged to contribute in any way whatsoever to the acts and ceremonies of a religion or to observe its days of rest.

Article 21

The State does not have the right to intervene either in the appointment or in the

installation of ministers of any religion whatsoever or to forbid these ministers from

corresponding with their superiors, from publishing the acts of these superiors, but, in

this latter case, normal responsibilities as regards the press and publishing apply.

A civil wedding should always precede the blessing of the marriage, apart from the

exceptions to be established by the law if needed.

Article 22

Everyone has the right to the respect of his private and family life, except in the cases

and conditions determined by the law.

The laws, federate laws and rules referred to in Article 134 guarantee the protection of this right.

Article 22bis

Each child is entitled to have his or her moral, physical, mental and sexual integrity

respected.

Each child has the right to express his or her views in all matters affecting him or

her, the views of the child being given due weight in accordance with his or her age

and maturity.

Each child has the right to benefit from measures and facilities which promote his

or her development.

In all decisions concerning children,the interest of the child is a primary consideration.

The law,federate law orrule referred to inArticle 134 ensuresthese rights of the child.

Article 23

Everyone has the right to lead a life in keeping with human dignity.

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To this end, the laws, federate laws and rules referred to in Article 134 guarantee

economic,social and cultural rights, taking into account corresponding obligations, and

determine the conditions for exercising them.

These rights include among others:

1° the right to employment and to the free choice of an occupation within the context

of a general employment policy, aimed among others at ensuring a level of employment

that is as stable and high as possible, the right to fair terms of employment and to fair

remuneration,as well as the right to information,consultation and collective negotiation;

2° the right to social security, to health care and to social, medical and legal aid;

3° the right to decent accommodation;

4° the right to the protection of a healthy environment;

5° the right to cultural and social fulfilment;

6° the right to family allowances.

Article 24

§ 1.Education is free; any preventive measure is forbidden;the punishment of offences

is regulated only by the law or federate law.

The community offers free choice to parents.

The community organises non-denominational education.This implies in particular

the respect of the philosophical, ideological or religious beliefs of parents and pupils.

Schools run by the public authorities offer,until the end of compulsory education,the

choice between the teaching of one of the recognised religions and non-denominational

ethics teaching.

§ 2. If a community, in its capacity as an organising authority, wishes to delegate

powers to one or several autonomous bodies, it can only do so by federate law adopted

by a two-thirds majority of the votes cast.

§ 3. Everyone has the right to education with the respect of fundamental rights and

freedoms. Access to education is free until the end of compulsory education.

All pupils of school age have the right to moral or religious education at the

community’s expense.

§ 4. All pupils or students, parents,teaching staff or institutions are equal before the

law or federate law.The law and federate law take into account objective differences,

in particular the characteristics of each organising authority that warrant appropriate

treatment.

§ 5. The organisation, the recognition and the subsidising of education by the

community are regulated by the law or federate law.

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Article 25

The press is free; censorship can never be introduced; no security can be demanded

from authors, publishers or printers.

When the author is known and resident in Bourgnew, neither the publisher,the printer

nor the distributor can be prosecuted.

Article 26

Bourgnewians have the right to gather peaceably and without arms, in accordance with

the laws that can regulate the exercise of this right, without submitting it to prior

authorisation.

This provision does not apply to open air meetings, which are entirely subject to

police regulations.

Article 27

Bourgnewians have the right to enter into association or partnership;this right cannot be

subject to any preventive measure.

Article 28

Everyone has the right to address petitions signed by one or more persons to the

public authorities.

Constituted bodies are alone entitled to address petitions under a collective name.

Article 29

The confidentiality of letters is inviolable.

The law determines which officials may violate the confidentiality of letters entrusted

to the postal service.

Article 30

The use of languages spoken in Bourgnew is optional; only the law can rule on this

matter, and only for acts of the public authorities and for judicial affairs.

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Article 31

No authorisation is necessary prior to taking legal action against civil

servants for offences resulting from their administration, except with regard to what

has been ruled on concerning ministers and members of the Community and Regional

Governments.

Article 32

Everyone has the right to consult any administrative document and to obtain a

copy, except in the cases and conditions stipulated by the laws, federate laws or rules

referred to in Article 134.

TITLE III

On powers

Article 33

All powers emanate from the Nation.

These powers are exercised in the manner laid down by the Constitution.

Article 34

The exercising of specific powers can be assigned by a treaty or by a law to institutions of public international law.

For the Full Constitution abolishing an Electoral College with a unified College and abolishing the Federal Reserve Bank with the Regional Senate, see http://www.facebook.com/groups/mspfoundation