Knootoss
15-02-2005, 15:48
The Dutch Democratic Republic of Knootoss, as some of you may know, is a (somewhat decentralised) democratic unitary state with a parliament with one chamber (unicameral).
The constitution below has the RL Dutch constitution as its inspiration, but as the Netherlands is a bicameral constitutional monarchy without things such as elected Prime Ministers and mayors and such… much is different. It is also shorter. :)
This is the semi-final draft. Good enough for publication but I may choose to tinker with some little things. Especially the supreme court (Article 75 and 76) still bother me and I may take some suggestions to heart about dividing it up. Article 10 (the euthanasia/abortion/suicide/no mindwanking one) is also still not formulated quite as I would like it to.
Constitution of the Dutch Democratic Republic of Knootoss
Chapter 1 Fundamental Rights
Article 1 [Equality]
All sentient beings in Knootoss shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race, or sex or on any other grounds whatsoever shall not be permitted.
Article 2 [Citizenship]
(1) Knootian citizenship shall be regulated by Act of Parliament.
(2) The admission and expulsion of aliens shall be regulated by Act of Parliament.
(3) Extradition may take place only pursuant to a treaty. Further regulations concerning extradition shall be laid down by Act of Parliament.
(4) Everyone shall have the right to leave the country, except in the cases laid down by Act of Parliament.
Article 3 [Eligibility Right]
All Knootian citizens shall be equally eligible for appointment to public service.
Article 4 [Right to Vote]
Every Knootian citizen shall have an equal right to elect the members of the general representative bodies and to stand for election as a member of those bodies, subject to the limitations and exceptions prescribed by Act of Parliament.
Article 5 [Petitions]
Everyone shall have the right to submit petitions in writing to the competent authorities.
Article 6 [Expression]
(1) No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.
(2) Rules concerning the media shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast or internet publication.
(3) No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law.
(4) The preceding paragraphs do not apply to commercial advertising.
Article 7 [Association]
The right of association shall be recognized. This right may be restricted by Act of Parliament in the interest of public order.
Article 8 [Assembly]
(1) The right of assembly and demonstration shall be recognized, without prejudice to the responsibility of everyone under the law.
(2) The right of assembly and demonstration may be restricted by rules to protect health, in the interest of traffic and to combat or prevent disorders. Such rules may be laid down by Act of Parliament.
Article 9 [Privacy]
(1) Everyone shall have the right to respect for his privacy, without prejudice to restrictions laid down by or pursuant to Act of Parliament.
(2) Rules to protect privacy shall be laid down by Act of Parliament in connection with the recording and dissemination of personal data.
(3) Rules concerning the rights of persons to be informed of data recorded concerning them and of the use that is made thereof, and to have such data corrected shall be laid down by Act of Parliament.
Article 10 [Personal Integrity]
(1)Every person shall have the right to inviolability of his person in body and mind
(2)This right includes the right for every person to choose the moment of his own death. This right may be restricted by Act of Parliament in the interest of public order.
(3) Irregardless of paragraph (1) and (2), rules may by laid down by Act of Parliament allowing for euthanasia on Knootian citizens unable to choose the moment of their own deaths due to their age or mental condition.
Article 11 [Home]
(1) Entry into a home against the will of the occupant shall be permitted only in the cases laid down by or pursuant to Act of Parliament, by those designated for the purpose by or pursuant to Act of Parliament.
(2) Prior identification and notice of purpose shall be required in order to enter a home under the preceding paragraph, subject to the exceptions prescribed by Act of Parliament. A written report of the entry shall be issued to the occupant.
Article 12 [Secrecy of Communication]
(1) The privacy of correspondence shall not be violated except, in the cases laid down by Act of Parliament, by order of the courts.
(2) The privacy of the telephone and telegraph shall not be violated except, in the cases laid down by Act of Parliament, by or with the authorization of those designated for the purpose by Act of Parliament.
Article 13 [Property]
(1) Every Knootian citizen shall have the right to own property.
(2) Expropriation and restrictions of ownership equivalent to expropriation shall be fully compensated, in accordance with regulations laid down by or pursuant to Act of Parliament.
Article 14 [Personal Liberty, Arrest]
(1) Other than in the cases laid down by or pursuant to Act of Parliament, no one may be deprived of his liberty.
(2) Anyone who has been deprived of his liberty other than by order of a court may request a court to order his release. In such a case he shall be heard by the court within a period to be
laid down by Act of Parliament. The court shall order his immediate release if it considers the deprivation of liberty to be unlawful.
(3) The trial of a person who has been deprived of his liberty pending trial shall take place within a reasonable period.
(4) A person who has been lawfully deprived of his liberty may be restricted in the exercise of fundamental rights in so far as the exercise of such rights is not compatible with the deprivation of liberty.
Article 15 [Nulla Poena Sine Lege]
No offence shall be punishable unless it was an offence under the law at the time it was committed.
Article 16 [Right to be Heard]
No one may be prevented against his will from being heard by the courts to which he is entitled to apply under the law.
Article 17 [Right to Counsel]
(1) Everyone may be legally represented in legal and administrative proceedings.
(2) Rules concerning the granting of legal aid to persons of limited means shall be laid down by Act of Parliament.
Article 18 [Economy]
(1) It shall be the concern of the government to promote the growth of the Knootian economy.
(2) All Knootian citizens have the right to engage in private enterprise, without prejudice to the responsibility of everyone under the law.
(3) Rules concerning the legal status and protection of working persons and concerning co-determination shall be laid down by Act of Parliament.
(4) The right of every Knootian citizen to a free choice of work shall be recognized, without prejudice to the restrictions laid down by or pursuant to Act of Parliament.
Article 19 [Welfare]
(1) It shall be the concern of the government to secure the means of subsistence of the population.
(2) Rules concerning entitlement to social security shall be laid down by Act of Parliament.
(3) Knootian citizens resident in Knootoss who are unable to provide for themselves shall have a right, to be regulated by Act of Parliament, to aid from the government.
Article 20 [Environment]
It shall be the concern of the government to keep the country habitable and to protect and improve the environment.
Article 21 [Education]
(1) Education shall be the constant concern of the government.
(2) The government shall ensure that primary and secondary education is provided in a sufficient number of state schools in every municipality.
(3) The requirements for all schools shall be such that the standards both of private schools and of state schools are fully guaranteed. The standards required of schools shall be regulated by Act of Parliament.
(4) Private primary and secondary schools that satisfy the conditions laid down by Act of Parliament may be partially financed from public funds. The conditions under which private education shall receive contributions from public funds shall be laid down by Act of Parliament.
(5) The Government shall submit annual reports on the state of education to the Staten-Generaal.
Chapter 2 Government
Article 22 [The Prime Minister and his Ministers]
(1) The Government shall comprise the Prime Minister and the Ministers.
(2) The Prime Minister shall be elected by an absolute majority of the votes cast. If such a majority is not obtained on the first ballot, a second ballot shall take place on the fourteenth day thereafter. Only the two candidates who received the greatest number of votes in the first ballot, account being taken of any withdrawal of candidates with more votes, may stand in the second ballot.
(3) Should the Prime Minister be incapacitated for any reason whatsoever, or should the Council of State rule by an absolute majority that the Prime Minister is incapacitated, the duties of the Prime Minister shall be temporarily exercised by a Minister designated Vice-Prime Minister or, if the latter is in turn incapacitated, by the President of the Staten-Generaal
(4) Elections for the Prime Minister and elections for the Staten-Generaal will
always be held jointly.
(5) The other Ministers shall be appointed and dismissed by an Executive Order of the Prime Minister.
(6) Ministries shall be established by Executive Order. They shall be headed by a Minister.
Article 23 [Council of Ministers]
(1) The Ministers shall together constitute the Council of Ministers.
(2) The Prime Minister shall be the chairman of the Council of Ministers.
(3) The Council of Ministers shall consider and decide upon overall government policy and shall promote the coherence thereof.
Article 24 [State secretaries]
(1) State Secretaries may be appointed and dismissed by Executive Order.
(2) A State Secretary shall act with ministerial authority in place of a Minister in cases in which the Minister considers it necessary; the State Secretary shall observe the Minister's instructions in such cases. Responsibility shall rest with the State Secretary without prejudice to the responsibility of the Minister.
Article 25 [Signing legislation]
All Acts of Parliament and all Executive Orders shall be signed by the Prime Minister and by one or more Ministers or State Secretaries.
Article 26 [Oath]
Upon accepting office Ministers and State Secretaries shall swear an oath or make an affirmation and promise in the presence of the Prime Minister and the Staten-Generaal, in the manner prescribed by Act of Parliament, that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the Constitution and that they will faithfully discharge their duties.
Chapter 3 The Staten-Generaal
Section 1 Organization and composition
Article 27 [The Staten-Generaal]
(1)The Staten-Generaal is the Parliament of the Dutch Democratic Republic of Knootoss. It shall represent the entire people of Knootoss.
(2) The Staten-Generaal shall consist of one chamber of parliament, consisting of two hundred members.
(3) The duration of a term of the Staten-Generaal shall be four years.
Article 28 [Elections for the Staten-Generaal]
(1) The members of the Staten-Generaal shall be elected by proportional representation within the limits to be laid down by Act of Parliament.
(2) Allowed to vote for members of the Staten-Generaal are Knootian citizens who have attained the age of eighteen, with the exception of:
(a) anyone who has committed an offence designated by Act of Parliament and has been sentenced as a result by irrevocable judgement of a court of law to a custodial sentence of not less than one year and simultaneously disqualified from voting for the duration of the sentence
(b) anyone who has been deemed legally incompetent by irrevocable judgement of a court because of mental disorder.
(3) Elections shall be by secret ballot.
Article 29 [Eligibility for being elected into the Staten-Generaal]
(1) To be eligible for membership of the Staten-Generaal, a person must be a Knootian citizen, must have attained the age of eighteen years and must not have been disqualified from voting.
(2) A member of the Staten-Generaal may not be a Minister, a State Secretary, a member of the Council of State, a member of the General Chamber of Audit, a member of the Supreme Court, or a Procurator General or Advocate General at the Supreme Court.
(3) Notwithstanding the above, a Minister or State Secretary who has offered to tender his resignation may combine the said office with membership of the Staten-Generaal until such time as a decision is taken on such resignation.
(4) Other public functions which may not be held simultaneously by a person who is a member of the Staten-Generaal or of one of the Chambers may be designated by Act of Parliament.
Article 30
All other matters pertaining to the right to vote and to elections shall be regulated by Act of Parliament.
Article 31 [Oath for the Staten-Generaal]
Upon accepting office, members of the Chambers shall swear an oath or make an affirmation and promise before the Chamber in the manner prescribed by Act of Parliament that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the Constitution and that they will faithfully discharge their duties.
Article 32 [President and Clerk]
(1) The Staten-Generaal shall appoint a President from among its members.
(2) The Staten-Generaal shall appoint a Clerk who, like the other officials of the Chamber, may not be a member of the Staten-Generaal.
Article 33 [Dissolving the Staten-Generaal]
(1) The Staten-Generaal may be dissolved by Executive Order of the Prime Minister.
(2) A decree for dissolution shall also require new elections to be held for the Staten-Generaal as well as the Prime Minister, and the newly elected Chamber is to meet within three months.
(3) The dissolution shall take effect on the day on which the newly elected Chamber meets.
(4) The duration of the term of a Staten-Generaal that meets following dissolution shall be determined by Act of Parliament; the term may not exceed five years. The duration of a Staten-Generaal that meets following dissolution shall end at the time at which the duration of the dissolved Chamber would have ended.
Section 2 Procedure
Article 34 [Statement of policy]
A statement of the policy to be pursued by the Government shall be given by or on behalf of the Prime Minister before a joint session of the Staten-Generaal that shall be held every year on the third Tuesday in September or on such earlier date as may be prescribed by Act of Parliament.
Article 35 [Public nature of sittings]
(1) The sittings of the Staten-Generaal shall be held in public.
(2) The sittings shall be held in camera if one tenth of the members present so require or if the President considers it necessary.
Article 36 [Decision-making]
(1) The Staten-Generaal may take decisions only if more than half of the members are present.
(2) Decisions shall be taken by majority.
(3) The members shall not be bound by a mandate or instructions when casting their votes.
(4) Voting on items of business not relating to individuals shall be oral and by roll call if requested by one member.
Article 37 [Right to information]
Ministers and State Secretaries shall provide orally or in writing the Chambers with any information requested by one or more members, provided that the provision of such information does not conflict with the interests of the State.
Article 38 [Government attendance at sittings]
(1) Ministers and State Secretaries shall have the right to attend sittings of the Staten-Generaal and may take part in the deliberations.
(2) They may be invited to be present at sittings of the Chambers of the Staten-Generaal meeting .
(3) They may be assisted at the sittings by persons nominated by them.
Article 39 [Right of inquiry]
The Staten-Generaal has the right of inquiry to be regulated by Act of Parliament.
Article 40 [Freedom from prosecution]
Members of the Staten-Generaal, Ministers, State Secretaries, and other persons taking part in deliberations may not be prosecuted or otherwise held liable in law for anything they say during the sittings of the Staten-Generaal or of its committees or for anything they submit to them in writing.
Article 41 [Rules of procedure]
The Staten-Generaal shall draw up rules of procedure.
Chapter 4 Council of State, Chamber of Audit, Advisory Bodies
Article 42 [Council of State]
(1) The Council of State shall be consulted on Bills and draft Executive Orders as well as proposals for the approval of treaties by the Staten-Generaal. Such consultation may be dispensed with in cases to be laid down by Act of Parliament.
(2) The Council shall be responsible for investigating administrative disputes where the decision has to be given by Executive Order, and for advising on the ruling to be given in the said dispute.
(3) The Council may be required by Act of Parliament to give decisions in administrative disputes.
(4) The organization, composition and powers of the Council of State shall be regulated by Act of Parliament.
Article 43 [Membership of the Council of State]
(1) The Prime Minister shall be President of the Council of State.
(2) The members of the Council shall be appointed for life by Executive Order.
(3) They shall cease to be members of the Council on resignation or on attaining an age to be determined by Act of Parliament.
(4) They may be suspended or dismissed from membership by the Supreme Court in instances specified by Act of Parliament and their legal status shall in other respects be regulated by Act of Parliament.
Article 44 [Chamber of Audit]
(1) The General Chamber of Audit shall be responsible for examining the State's revenues and expenditures. Additional duties may be assigned to the General Chamber of Audit by Act of Parliament.
(2) The organization, composition and powers of the General Chamber of Audit shall be regulated by Act of Parliament.
Article 45 [Membership of the Chamber of Audit]
(1) The members of the General Chamber of Audit shall be appointed for life by Executive Order from a list of three persons per vacancy drawn up by the Staten-Generaal.
(2) They shall cease to be members on resignation or on attaining an age to be determined by Act of Parliament.
(3) They may be suspended or dismissed from membership by the Supreme Court in cases to be laid down by Act of Parliament.
(4) Their legal status shall in other respects be regulated by Act of Parliament.
Article 46 [Advisory bodies]
(1) Permanent bodies to advise on matters relating to legislation and administration of the State shall be established by or pursuant to Act of Parliament.
(2) The organization, composition and powers of such bodies shall be regulated by Act of Parliament.
(3) Duties in addition to advisory ones may be assigned to such bodies by or pursuant to Act of Parliament.
(4) The recommendations made by the bodies referred to in the present chapter shall be made public according to rules to be laid down by Act of Parliament.
Chapter 5 Legislation and Administration
Section 1 Acts of Parliament and other regulations
Article 47
Acts of Parliament shall be passed by the Staten-Generaal.
Article 48 [Right of initiative]
(1) Bills may be presented by or on behalf of the Prime Minister or by members of the Staten-Generaal.
(2) Bills to be presented by the Staten-Generaal shall be introduced in the Chamber by one or more members.
(3) Bills presented by or on behalf of the Prime Minister shall be sent to the Staten-Generaal for consideration, and shall be introduced by one or more members of the Council of Ministers or one or more state-secretaries.
Article 49 [Right of amendement]
(1) A Bill presented by or on behalf of the Prime Minister that has not yet been passed by the Staten-Generaal may be amended by the Chamber on the proposal of one or more members or by the Government.
(2) Any Bill being presented by the Staten-Generaal that has not yet been passed may be amended by the Chamber on the proposal of one or more members or by the member or members introducing the Bill.
Article 50 [Right to withdraw a Bill]
A Bill which is to be presented by the Staten-Generaal may be withdrawn by the member or members introducing it until such time as it is passed.
Article 51 [Publication and entry into force]
(1) A Bill shall become an Act of Parliament once it has been passed by the Staten-Generaal.
(2) The Prime Minister and the Staten-Generaal shall inform each other of their decision on any Bill.
(3) The publication and entry into force of Acts of Parliament shall be regulated by Act of Parliament. They shall not enter into force before they have been published.
Article 52 [Executive Orders]
(1) Executive Orders shall be established by the Prime Minister.
(2) Any regulations to which penalties are attached shall be embodied in such orders only in accordance with an Act of Parliament. The penalties to be imposed shall be determined by Act of Parliament.
(3) Publication and entry into force of Executive Orders shall be regulated by Act of Parliament. They shall not enter into force before they have been published.
(4) Paragraph (2) shall apply by analogy to other generally binding regulations laid down on behalf of the State for five years or until a time to be determined by or pursuant to Act of Parliament. These regulations shall not enter into force until they have been published.
Section 2 Miscellaneous Provisions
Article 53 [Promoting international rule of law]
The Government shall promote the development of the international rule of law.
Article 54 [Treaties]
(1) The Dutch Democratic Republic shall not be bound by treaties, nor shall such treaties be denounced without the prior approval of the Staten-Generaal. The cases in which approval is not required shall be specified by Act of Parliament.
(2) The manner in which approval shall be granted shall be laid down by Act of Parliament, which may provide for the possibility of tacit approval.
(3) Any provisions of a treaty that conflict with the Constitution or which lead to conflicts with it may be approved by the Staten-Generaal only if at least two-thirds of the votes cast are in favour.
(4) Rules regarding the publication of treaties and decisions by international institutions shall be laid down by Act of Parliament.
Article 55 [Delegating power to international institutions]
Legislative, executive, and judicial powers may be conferred on international institutions by or pursuant to a treaty, subject, where necessary, to the provisions of the previous article.
Article 56 [Application of treaties]
(1) Provisions of treaties and of resolutions by international institutions, which may be binding on all persons by virtue of their contents shall become binding after they have been published.
(2) Statutory regulations in force within the Dutch Democratic Republic shall not be applicable if such application is in conflict with provisions of treaties that are binding on all persons or of resolutions by international institutions.
Article 57 [War]
(1) A declaration that the Dutch Democratic Republic is in a state of war shall not be made without the prior approval of the Staten-Generaal.
(2) Such approval shall not be required in cases where consultation with the Staten-Generaal proves to be impossible as a consequence of the actual existence of a state of war.
(3) The provision of the first paragraph shall apply by analogy to a declaration that a state of war has ceased.
Article 58 [Defence of the State]
(1) All Knootian citizens who are capable of doing so shall have a duty to cooperate in maintaining the independence of the State and defending its territory.
(2) This duty may also be imposed on residents of Knootoss who are not Knootian citizens.
Article 59 [Armed Forces]
(1) To protect its interests, the State shall maintain Armed Forces consisting of volunteers and conscripts.
(2) The Government shall have supreme authority over the armed forces.
(3) Compulsory service in the armed forces shall be regulated by Act of Parliament. The obligations which may be imposed on persons not belonging to the armed forces in relation to the defence of the country shall also be regulated by Act of Parliament.
(4) The conditions on which exemption is granted from military service because of serious conscientious objections shall be specified by Act of Parliament.
Article 60 [Call to compulsory military service]
If all or any of the persons liable for compulsory military service but not actually serving in the armed forces are called up by Executive Order in time of war or threat of war or in other exceptional circumstances, a Bill shall be presented to the Staten-Generaal forthwith to regulate where necessary their continued service in the armed forces.
Article 61 [Military expenses]
(1) All expenses in connection with the armies of the State shall be met from central government funds.
(2) No inhabitant or municipality may be required to assist with the billeting or maintenance of troops, or with transports or supplies of any description whatsoever requisitioned by the State for the armies or defences of the country, other than in accordance with general rules laid down by Act of Parliament and upon payment of compensation.
(3) Exceptions to the general rules shall be laid down by Act of Parliament for application in time of war or threat of war or in other exceptional circumstances.
Article 62 [State of Emergency]
(1) The cases in which a state of emergency, as defined by Act of Parliament, may be declared by Executive Order in order to maintain internal or external security shall be specified by Act of Parliament. The consequences of such a declaration shall be governed by Act of Parliament.
(2) Such a declaration may depart from the provisions of the Constitution relating to the powers of the executive bodies of the provinces, municipalities, and water control boards and the basic rights laid down in chapter one
(3) The Staten-Generaal shall decide upon the duration of the state of emergency immediately after the declaration is made, and whenever it considers it necessary, until such time as the state of emergency is terminated by Executive Order
Article 63 [Taxes]
Taxes imposed by the State shall be levied pursuant to Act of Parliament. Other levies imposed by the State shall be regulated by Act of Parliament.
Article 64
(1) The estimates of the State's revenues and expenditures shall be laid down by Act of Parliament.
(2) Bills containing general estimates shall be presented by or on behalf of the Prime Minister every year.
(3) A statement of the State's revenues and expenditures shall be presented to the Staten-Generaal in accordance with the provisions of the relevant Act of Parliament. The balance sheet approved by the General Chamber of Audit shall be presented to the Staten-Generaal.
(4) Rules relating to the management of the State's finances shall be prescribed by Act of Parliament.
Article 65 [Monetary system]
The monetary system shall be regulated by Act of Parliament.
Article 66 [Legal codes]
(1) Civil law, criminal law and civil and criminal procedure shall be regulated by Act of Parliament in general legal codes without prejudice to the power to regulate certain matters in separate Acts of The Staten-Generaal.
(2) The general rules of administrative law shall be laid down by Act of Parliament.
Article 67 [Independent bodies of complaint]
(1) The establishment, powers and procedures of any general independent bodies for investigating complaints relating to actions of the government shall be regulated by Act of Parliament.
(2) Appointment to such bodies shall be made by the Staten-Generaal if their jurisdiction covers the actions of the central government. Members may be dismissed in cases prescribed by Act of Parliament.
Article 68 [Public servants]
The legal status of public servants shall be regulated by Act of Parliament. Rules regarding employment protection and co-determination for public servants shall also be laid down by Act of Parliament.
Article 69 [Public acces to information]
In the exercise of their duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by Act of Parliament.
Article 70 [Honours]
Honours shall be established by Act of Parliament.
[B]Chapter 6 The Administration of Justice
Article 71 [the Judiciary]
(1) The judgement of disputes involving rights under civil law and debts shall be the responsibility of the judiciary.
(2) Responsibility for the judgement of disputes which do not arise from matters of civil law may be granted by Act of Parliament either to the judiciary or to courts that do not form part of the judiciary. The method of dealing with such cases and the consequences of decisions shall be regulated by Act of Parliament.
(3) Appeal to a higher administrative authority shall be admissible
Article 72 [Punishment]
(1) The judgement of offences shall also be the responsibility of the judiciary.
(2) Disciplinary proceedings established by government bodies shall be regulated by Act of Parliament.
(3) A sentence entailing deprivation of liberty may be imposed only by the judiciary.
(4) Different rules may be established by Act of Parliament for the trial of cases outside Knootoss and for martial law.
Article 73
Capital punishment may not be imposed.
Article 74 [Courts]
(1) The courts which form part of the judiciary shall be specified by Act of Parliament.
(2) The organization, composition and powers of the judiciary shall be regulated by Act of Parliament.
(3) In cases provided for by Act of Parliament, persons who are not members of the judiciary may take part with members of the judiciary in the administration of justice.
(4) The supervision of members of the judiciary responsible for the administration of justice of the manner in which such members and the persons referred to in the previous paragraph fulfil their duties shall be regulated by Act of Parliament.
Article 75 [Supreme Court]
(1) In the cases and within the limits laid down by Act of Parliament, the Supreme Court shall be responsible for annulling court judgements which infringe the law (cassation).
(2) Present and former members of the Staten-Generaal, Ministers, and State Secretaries shall be tried by the Supreme Court for offences committed while in office. Proceedings shall be instituted by Executive Order or by a resolution of the Staten-Generaal.
(3) Additional duties may be assigned to the Supreme Court by Act of Parliament.
(4) The constitutionality of Acts of Parliament and treaties shall not be reviewed by the courts.
Article 76 [Supreme Court membership]
(1) Members of the judiciary responsible for the administration of justice and the Procurator General at the Supreme Court shall be appointed for life by Executive Order.
(2) Such persons shall cease to hold office on resignation or on attaining an age to be determined by Act of Parliament.
(3) In cases laid down by Act of Parliament such persons may be suspended or dismissed by a court that is part of the judiciary and designated by Act of Parliament.
(4) Their legal status shall in other respects be regulated by Act of Parliament.
Article 77 [Public trials]
Except in cases laid down by Act of Parliament, trials shall be held in public and judgements shall specify the grounds on which they are based. Judgements shall be pronounced in public.
Article 78 [Remissions of sentence and pardons]
(1) Remission of sentence shall be granted by Executive Order upon the recommendation of a court designated by Act of Parliament and with due regard to regulations to be laid down by or pursuant to Act of Parliament.
(2) Pardons shall be granted by or pursuant to Act of Parliament.
[B]Chapter 7 Provinces, Municipalities, and Other Public Bodies
Article 79 [Instating and dissolving provinces]
(1) Provinces and municipalities may be dissolved and new ones established by Act of Parliament.
(2) Revisions to provincial and municipal boundaries shall be regulated by Act of Parliament.
Article 80 [Regulatory powers]
(1) The powers of provinces and municipalities to regulate and administer their own internal affairs shall be delegated to their administrative organs.
(2) Provincial and municipal administrative organs may be required by or pursuant to Act of Parliament to provide regulation and administration.
Article 81 [Organisation]
(1) The provinces and municipalities shall be headed by provincial and municipal councils respectively. Their meetings shall be public except in cases provided for by Act of Parliament.
(2) In addition, the administration of a province shall consist of the provincial executive headed by the Stadtholder; the administration of a municipality shall consist of the municipal executive headed by the Mayor.
Article 82
Provincial and municipal by-laws shall be enacted by the provincial or municipal councils respectively, except in cases specified by Act of Parliament or by them pursuant to an Act of Parliament.
Article 83 [Local Elections]
(1) The members of provincial and municipal councils shall be directly elected by Knootian citizens resident in the province or municipality as the case may be who satisfy the requirements laid down for elections to the Staten-Generaal. The same conditions apply to membership.
(2) The members shall be elected by proportional representation within the boundaries to be laid down by Act of Parliament, with the application of national principles.
(4) The duration of provincial and municipal councils shall be four years unless otherwise provided for by Act of Parliament.
(5) The positions which may not be held simultaneously with membership shall be specified by Act of Parliament. The Act may also provide that obstacles to membership will arise from family ties or marriage and that the commission of certain acts designated by Act of Parliament may result in loss of membership.
(6) The members shall not be bound by a mandate or instructions when casting their votes.
Article 84 [Stadtholders and Mayors]
(1)Stadtholders and Mayors shall be directly elected by Knootian citizens resident in the province or municipality as the case may be who satisfy the requirements laid down for elections to the Staten-Generaal. The same conditions apply to holding the position.
(4) The duration of their term is tied with the term of the provincial and municipal councils in their area, unless otherwise provided for by Act of Parliament.
(5) The positions which may not be held simultaneously with office shall be specified by Act of Parliament. The Act may also provide that obstacles to membership will arise from family ties or marriage and that the commission of certain acts designated by Act of Parliament may result in loss of membership.
Article 85 [Foreign resident voting rights]
The right to elect members of a municipal council and the right to be a member of a municipal council may be granted by Act of Parliament to residents who are not Knootian citizens provided they fulfil at least the requirements applicable to residents who are Knootian citizens.
Article 86
(1) Both the organization of provinces and municipalities and the composition and powers of their administrative organs shall be regulated by Act of Parliament.
(2) Supervision of the administrative organs shall be regulated by Act of Parliament.
(3) Decisions by the administrative organs shall be subject to prior supervision only in cases specified by or pursuant to Act of Parliament.
(4) Decisions by the administrative organs may be quashed only by Executive Order and on the ground that they conflict with the law or the public interest.
(5) Provisions in the event of non-compliance in matters of regulation and administration shall be regulated by Act of Parliament. Provisions may be made by Act of Parliament, notwithstanding previous articles, in cases of gross neglect of duty by the administrative organs of a province or municipality.
(6) The taxes which may be levied by the administrative organs of provinces and municipalities and their financial relationships with the central government shall be regulated by Act of Parliament.
Article 87 [Water control boards]
(1) The establishment or dissolution of water control boards, the regulation of their duties and organization together with the composition of their administrative organs shall be effected by provincial by-law according to rules laid down by Act of Parliament, insofar as it is not otherwise provided by or pursuant to Act of Parliament,
(2) The legislative and other powers of the administrative organs of water control boards and public access to their meetings shall be regulated by Act of Parliament
(3) Supervision of these administrative organs by provincial and other bodies shall be regulated by Act of Parliament. Decisions by the administrative organs may be quashed only if they conflict with the law or the public interest.
Article 88 [Professional organisations]
(1) Public bodies for the professions and trades and other public bodies may be established and dissolved by or pursuant to Act of Parliament.
(2) The duties and organization of such bodies, the composition, and powers of their administrative organs and public access to their meetings shall be regulated by Act of Parliament. Legislative powers may be granted to their administrative organs by or pursuant to Act of Parliament.
(3) Supervision of the administrative organs shall be regulated by Act of Parliament. Decisions by the administrative organs may be quashed only if they are in conflict with the law or the public interest.
Article 89
Rules pertaining to matters in which two or more public bodies are involved shall be laid down by Act of Parliament. These may provide for the establishment of a new public body, in which case the previous article shall apply.
Article 90 [Settling disputes]
Disputes between public bodies shall be settled by Executive Order unless they fall within the competence of the judiciary or decisions are referred to other bodies by Act of Parliament.
[B]Chapter 8 Revision of the Constitution
Article 91
(1) An Act of Parliament may be passed stating that an amendment to the Constitution in the form proposed shall be considered.
(2) The Staten-Generaal may divide a Bill presented for this purpose into a number of separate Bills, either upon a proposal presented by or on behalf of the Prime Minister or otherwise.
(3) The Staten-Generaal shall be dissolved after the Act referred to in the first paragraph has been published.
(4) The newly elected Chamber shall consider the Bill and it shall be passed only if at least two thirds of the votes cast are in favour.
(5) The Staten-Generaal may divide a Bill for the amendment of the Constitution into a number of separate Bills, either upon a proposal presented by or on behalf of the Prime Minister or otherwise, if at least two-thirds of the votes cast are in favour.
Article 92
(1) Before Bills to amend the Constitution, which have been given a second reading shall take effect,, provisions may be introduced by Act of Parliament whereby:
(a) the proposals adopted and the unamended provisions of the Constitution are adjusted to each other as required;
(b) the division into chapters, sections, and articles and the headings and numbering thereof are modified.
(2) A Bill containing provisions as referred to under Paragraph (1)(a) shall be passed only if at least two-thirds of the votes cast are in favour.
Article 93
Amendments to the Constitution passed by the Staten-Generaal shall enter into force immediately after they have been published.
Article 94
Existing Acts of Parliament and other regulations and decrees which are in conflict with an amendment to the Constitution shall remain in force until provisions are made in accordance with the Constitution.
The constitution below has the RL Dutch constitution as its inspiration, but as the Netherlands is a bicameral constitutional monarchy without things such as elected Prime Ministers and mayors and such… much is different. It is also shorter. :)
This is the semi-final draft. Good enough for publication but I may choose to tinker with some little things. Especially the supreme court (Article 75 and 76) still bother me and I may take some suggestions to heart about dividing it up. Article 10 (the euthanasia/abortion/suicide/no mindwanking one) is also still not formulated quite as I would like it to.
Constitution of the Dutch Democratic Republic of Knootoss
Chapter 1 Fundamental Rights
Article 1 [Equality]
All sentient beings in Knootoss shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race, or sex or on any other grounds whatsoever shall not be permitted.
Article 2 [Citizenship]
(1) Knootian citizenship shall be regulated by Act of Parliament.
(2) The admission and expulsion of aliens shall be regulated by Act of Parliament.
(3) Extradition may take place only pursuant to a treaty. Further regulations concerning extradition shall be laid down by Act of Parliament.
(4) Everyone shall have the right to leave the country, except in the cases laid down by Act of Parliament.
Article 3 [Eligibility Right]
All Knootian citizens shall be equally eligible for appointment to public service.
Article 4 [Right to Vote]
Every Knootian citizen shall have an equal right to elect the members of the general representative bodies and to stand for election as a member of those bodies, subject to the limitations and exceptions prescribed by Act of Parliament.
Article 5 [Petitions]
Everyone shall have the right to submit petitions in writing to the competent authorities.
Article 6 [Expression]
(1) No one shall require prior permission to publish thoughts or opinions through the press, without prejudice to the responsibility of every person under the law.
(2) Rules concerning the media shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast or internet publication.
(3) No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law.
(4) The preceding paragraphs do not apply to commercial advertising.
Article 7 [Association]
The right of association shall be recognized. This right may be restricted by Act of Parliament in the interest of public order.
Article 8 [Assembly]
(1) The right of assembly and demonstration shall be recognized, without prejudice to the responsibility of everyone under the law.
(2) The right of assembly and demonstration may be restricted by rules to protect health, in the interest of traffic and to combat or prevent disorders. Such rules may be laid down by Act of Parliament.
Article 9 [Privacy]
(1) Everyone shall have the right to respect for his privacy, without prejudice to restrictions laid down by or pursuant to Act of Parliament.
(2) Rules to protect privacy shall be laid down by Act of Parliament in connection with the recording and dissemination of personal data.
(3) Rules concerning the rights of persons to be informed of data recorded concerning them and of the use that is made thereof, and to have such data corrected shall be laid down by Act of Parliament.
Article 10 [Personal Integrity]
(1)Every person shall have the right to inviolability of his person in body and mind
(2)This right includes the right for every person to choose the moment of his own death. This right may be restricted by Act of Parliament in the interest of public order.
(3) Irregardless of paragraph (1) and (2), rules may by laid down by Act of Parliament allowing for euthanasia on Knootian citizens unable to choose the moment of their own deaths due to their age or mental condition.
Article 11 [Home]
(1) Entry into a home against the will of the occupant shall be permitted only in the cases laid down by or pursuant to Act of Parliament, by those designated for the purpose by or pursuant to Act of Parliament.
(2) Prior identification and notice of purpose shall be required in order to enter a home under the preceding paragraph, subject to the exceptions prescribed by Act of Parliament. A written report of the entry shall be issued to the occupant.
Article 12 [Secrecy of Communication]
(1) The privacy of correspondence shall not be violated except, in the cases laid down by Act of Parliament, by order of the courts.
(2) The privacy of the telephone and telegraph shall not be violated except, in the cases laid down by Act of Parliament, by or with the authorization of those designated for the purpose by Act of Parliament.
Article 13 [Property]
(1) Every Knootian citizen shall have the right to own property.
(2) Expropriation and restrictions of ownership equivalent to expropriation shall be fully compensated, in accordance with regulations laid down by or pursuant to Act of Parliament.
Article 14 [Personal Liberty, Arrest]
(1) Other than in the cases laid down by or pursuant to Act of Parliament, no one may be deprived of his liberty.
(2) Anyone who has been deprived of his liberty other than by order of a court may request a court to order his release. In such a case he shall be heard by the court within a period to be
laid down by Act of Parliament. The court shall order his immediate release if it considers the deprivation of liberty to be unlawful.
(3) The trial of a person who has been deprived of his liberty pending trial shall take place within a reasonable period.
(4) A person who has been lawfully deprived of his liberty may be restricted in the exercise of fundamental rights in so far as the exercise of such rights is not compatible with the deprivation of liberty.
Article 15 [Nulla Poena Sine Lege]
No offence shall be punishable unless it was an offence under the law at the time it was committed.
Article 16 [Right to be Heard]
No one may be prevented against his will from being heard by the courts to which he is entitled to apply under the law.
Article 17 [Right to Counsel]
(1) Everyone may be legally represented in legal and administrative proceedings.
(2) Rules concerning the granting of legal aid to persons of limited means shall be laid down by Act of Parliament.
Article 18 [Economy]
(1) It shall be the concern of the government to promote the growth of the Knootian economy.
(2) All Knootian citizens have the right to engage in private enterprise, without prejudice to the responsibility of everyone under the law.
(3) Rules concerning the legal status and protection of working persons and concerning co-determination shall be laid down by Act of Parliament.
(4) The right of every Knootian citizen to a free choice of work shall be recognized, without prejudice to the restrictions laid down by or pursuant to Act of Parliament.
Article 19 [Welfare]
(1) It shall be the concern of the government to secure the means of subsistence of the population.
(2) Rules concerning entitlement to social security shall be laid down by Act of Parliament.
(3) Knootian citizens resident in Knootoss who are unable to provide for themselves shall have a right, to be regulated by Act of Parliament, to aid from the government.
Article 20 [Environment]
It shall be the concern of the government to keep the country habitable and to protect and improve the environment.
Article 21 [Education]
(1) Education shall be the constant concern of the government.
(2) The government shall ensure that primary and secondary education is provided in a sufficient number of state schools in every municipality.
(3) The requirements for all schools shall be such that the standards both of private schools and of state schools are fully guaranteed. The standards required of schools shall be regulated by Act of Parliament.
(4) Private primary and secondary schools that satisfy the conditions laid down by Act of Parliament may be partially financed from public funds. The conditions under which private education shall receive contributions from public funds shall be laid down by Act of Parliament.
(5) The Government shall submit annual reports on the state of education to the Staten-Generaal.
Chapter 2 Government
Article 22 [The Prime Minister and his Ministers]
(1) The Government shall comprise the Prime Minister and the Ministers.
(2) The Prime Minister shall be elected by an absolute majority of the votes cast. If such a majority is not obtained on the first ballot, a second ballot shall take place on the fourteenth day thereafter. Only the two candidates who received the greatest number of votes in the first ballot, account being taken of any withdrawal of candidates with more votes, may stand in the second ballot.
(3) Should the Prime Minister be incapacitated for any reason whatsoever, or should the Council of State rule by an absolute majority that the Prime Minister is incapacitated, the duties of the Prime Minister shall be temporarily exercised by a Minister designated Vice-Prime Minister or, if the latter is in turn incapacitated, by the President of the Staten-Generaal
(4) Elections for the Prime Minister and elections for the Staten-Generaal will
always be held jointly.
(5) The other Ministers shall be appointed and dismissed by an Executive Order of the Prime Minister.
(6) Ministries shall be established by Executive Order. They shall be headed by a Minister.
Article 23 [Council of Ministers]
(1) The Ministers shall together constitute the Council of Ministers.
(2) The Prime Minister shall be the chairman of the Council of Ministers.
(3) The Council of Ministers shall consider and decide upon overall government policy and shall promote the coherence thereof.
Article 24 [State secretaries]
(1) State Secretaries may be appointed and dismissed by Executive Order.
(2) A State Secretary shall act with ministerial authority in place of a Minister in cases in which the Minister considers it necessary; the State Secretary shall observe the Minister's instructions in such cases. Responsibility shall rest with the State Secretary without prejudice to the responsibility of the Minister.
Article 25 [Signing legislation]
All Acts of Parliament and all Executive Orders shall be signed by the Prime Minister and by one or more Ministers or State Secretaries.
Article 26 [Oath]
Upon accepting office Ministers and State Secretaries shall swear an oath or make an affirmation and promise in the presence of the Prime Minister and the Staten-Generaal, in the manner prescribed by Act of Parliament, that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the Constitution and that they will faithfully discharge their duties.
Chapter 3 The Staten-Generaal
Section 1 Organization and composition
Article 27 [The Staten-Generaal]
(1)The Staten-Generaal is the Parliament of the Dutch Democratic Republic of Knootoss. It shall represent the entire people of Knootoss.
(2) The Staten-Generaal shall consist of one chamber of parliament, consisting of two hundred members.
(3) The duration of a term of the Staten-Generaal shall be four years.
Article 28 [Elections for the Staten-Generaal]
(1) The members of the Staten-Generaal shall be elected by proportional representation within the limits to be laid down by Act of Parliament.
(2) Allowed to vote for members of the Staten-Generaal are Knootian citizens who have attained the age of eighteen, with the exception of:
(a) anyone who has committed an offence designated by Act of Parliament and has been sentenced as a result by irrevocable judgement of a court of law to a custodial sentence of not less than one year and simultaneously disqualified from voting for the duration of the sentence
(b) anyone who has been deemed legally incompetent by irrevocable judgement of a court because of mental disorder.
(3) Elections shall be by secret ballot.
Article 29 [Eligibility for being elected into the Staten-Generaal]
(1) To be eligible for membership of the Staten-Generaal, a person must be a Knootian citizen, must have attained the age of eighteen years and must not have been disqualified from voting.
(2) A member of the Staten-Generaal may not be a Minister, a State Secretary, a member of the Council of State, a member of the General Chamber of Audit, a member of the Supreme Court, or a Procurator General or Advocate General at the Supreme Court.
(3) Notwithstanding the above, a Minister or State Secretary who has offered to tender his resignation may combine the said office with membership of the Staten-Generaal until such time as a decision is taken on such resignation.
(4) Other public functions which may not be held simultaneously by a person who is a member of the Staten-Generaal or of one of the Chambers may be designated by Act of Parliament.
Article 30
All other matters pertaining to the right to vote and to elections shall be regulated by Act of Parliament.
Article 31 [Oath for the Staten-Generaal]
Upon accepting office, members of the Chambers shall swear an oath or make an affirmation and promise before the Chamber in the manner prescribed by Act of Parliament that they have not done anything which may legally debar them from holding office, and shall also swear or promise allegiance to the Constitution and that they will faithfully discharge their duties.
Article 32 [President and Clerk]
(1) The Staten-Generaal shall appoint a President from among its members.
(2) The Staten-Generaal shall appoint a Clerk who, like the other officials of the Chamber, may not be a member of the Staten-Generaal.
Article 33 [Dissolving the Staten-Generaal]
(1) The Staten-Generaal may be dissolved by Executive Order of the Prime Minister.
(2) A decree for dissolution shall also require new elections to be held for the Staten-Generaal as well as the Prime Minister, and the newly elected Chamber is to meet within three months.
(3) The dissolution shall take effect on the day on which the newly elected Chamber meets.
(4) The duration of the term of a Staten-Generaal that meets following dissolution shall be determined by Act of Parliament; the term may not exceed five years. The duration of a Staten-Generaal that meets following dissolution shall end at the time at which the duration of the dissolved Chamber would have ended.
Section 2 Procedure
Article 34 [Statement of policy]
A statement of the policy to be pursued by the Government shall be given by or on behalf of the Prime Minister before a joint session of the Staten-Generaal that shall be held every year on the third Tuesday in September or on such earlier date as may be prescribed by Act of Parliament.
Article 35 [Public nature of sittings]
(1) The sittings of the Staten-Generaal shall be held in public.
(2) The sittings shall be held in camera if one tenth of the members present so require or if the President considers it necessary.
Article 36 [Decision-making]
(1) The Staten-Generaal may take decisions only if more than half of the members are present.
(2) Decisions shall be taken by majority.
(3) The members shall not be bound by a mandate or instructions when casting their votes.
(4) Voting on items of business not relating to individuals shall be oral and by roll call if requested by one member.
Article 37 [Right to information]
Ministers and State Secretaries shall provide orally or in writing the Chambers with any information requested by one or more members, provided that the provision of such information does not conflict with the interests of the State.
Article 38 [Government attendance at sittings]
(1) Ministers and State Secretaries shall have the right to attend sittings of the Staten-Generaal and may take part in the deliberations.
(2) They may be invited to be present at sittings of the Chambers of the Staten-Generaal meeting .
(3) They may be assisted at the sittings by persons nominated by them.
Article 39 [Right of inquiry]
The Staten-Generaal has the right of inquiry to be regulated by Act of Parliament.
Article 40 [Freedom from prosecution]
Members of the Staten-Generaal, Ministers, State Secretaries, and other persons taking part in deliberations may not be prosecuted or otherwise held liable in law for anything they say during the sittings of the Staten-Generaal or of its committees or for anything they submit to them in writing.
Article 41 [Rules of procedure]
The Staten-Generaal shall draw up rules of procedure.
Chapter 4 Council of State, Chamber of Audit, Advisory Bodies
Article 42 [Council of State]
(1) The Council of State shall be consulted on Bills and draft Executive Orders as well as proposals for the approval of treaties by the Staten-Generaal. Such consultation may be dispensed with in cases to be laid down by Act of Parliament.
(2) The Council shall be responsible for investigating administrative disputes where the decision has to be given by Executive Order, and for advising on the ruling to be given in the said dispute.
(3) The Council may be required by Act of Parliament to give decisions in administrative disputes.
(4) The organization, composition and powers of the Council of State shall be regulated by Act of Parliament.
Article 43 [Membership of the Council of State]
(1) The Prime Minister shall be President of the Council of State.
(2) The members of the Council shall be appointed for life by Executive Order.
(3) They shall cease to be members of the Council on resignation or on attaining an age to be determined by Act of Parliament.
(4) They may be suspended or dismissed from membership by the Supreme Court in instances specified by Act of Parliament and their legal status shall in other respects be regulated by Act of Parliament.
Article 44 [Chamber of Audit]
(1) The General Chamber of Audit shall be responsible for examining the State's revenues and expenditures. Additional duties may be assigned to the General Chamber of Audit by Act of Parliament.
(2) The organization, composition and powers of the General Chamber of Audit shall be regulated by Act of Parliament.
Article 45 [Membership of the Chamber of Audit]
(1) The members of the General Chamber of Audit shall be appointed for life by Executive Order from a list of three persons per vacancy drawn up by the Staten-Generaal.
(2) They shall cease to be members on resignation or on attaining an age to be determined by Act of Parliament.
(3) They may be suspended or dismissed from membership by the Supreme Court in cases to be laid down by Act of Parliament.
(4) Their legal status shall in other respects be regulated by Act of Parliament.
Article 46 [Advisory bodies]
(1) Permanent bodies to advise on matters relating to legislation and administration of the State shall be established by or pursuant to Act of Parliament.
(2) The organization, composition and powers of such bodies shall be regulated by Act of Parliament.
(3) Duties in addition to advisory ones may be assigned to such bodies by or pursuant to Act of Parliament.
(4) The recommendations made by the bodies referred to in the present chapter shall be made public according to rules to be laid down by Act of Parliament.
Chapter 5 Legislation and Administration
Section 1 Acts of Parliament and other regulations
Article 47
Acts of Parliament shall be passed by the Staten-Generaal.
Article 48 [Right of initiative]
(1) Bills may be presented by or on behalf of the Prime Minister or by members of the Staten-Generaal.
(2) Bills to be presented by the Staten-Generaal shall be introduced in the Chamber by one or more members.
(3) Bills presented by or on behalf of the Prime Minister shall be sent to the Staten-Generaal for consideration, and shall be introduced by one or more members of the Council of Ministers or one or more state-secretaries.
Article 49 [Right of amendement]
(1) A Bill presented by or on behalf of the Prime Minister that has not yet been passed by the Staten-Generaal may be amended by the Chamber on the proposal of one or more members or by the Government.
(2) Any Bill being presented by the Staten-Generaal that has not yet been passed may be amended by the Chamber on the proposal of one or more members or by the member or members introducing the Bill.
Article 50 [Right to withdraw a Bill]
A Bill which is to be presented by the Staten-Generaal may be withdrawn by the member or members introducing it until such time as it is passed.
Article 51 [Publication and entry into force]
(1) A Bill shall become an Act of Parliament once it has been passed by the Staten-Generaal.
(2) The Prime Minister and the Staten-Generaal shall inform each other of their decision on any Bill.
(3) The publication and entry into force of Acts of Parliament shall be regulated by Act of Parliament. They shall not enter into force before they have been published.
Article 52 [Executive Orders]
(1) Executive Orders shall be established by the Prime Minister.
(2) Any regulations to which penalties are attached shall be embodied in such orders only in accordance with an Act of Parliament. The penalties to be imposed shall be determined by Act of Parliament.
(3) Publication and entry into force of Executive Orders shall be regulated by Act of Parliament. They shall not enter into force before they have been published.
(4) Paragraph (2) shall apply by analogy to other generally binding regulations laid down on behalf of the State for five years or until a time to be determined by or pursuant to Act of Parliament. These regulations shall not enter into force until they have been published.
Section 2 Miscellaneous Provisions
Article 53 [Promoting international rule of law]
The Government shall promote the development of the international rule of law.
Article 54 [Treaties]
(1) The Dutch Democratic Republic shall not be bound by treaties, nor shall such treaties be denounced without the prior approval of the Staten-Generaal. The cases in which approval is not required shall be specified by Act of Parliament.
(2) The manner in which approval shall be granted shall be laid down by Act of Parliament, which may provide for the possibility of tacit approval.
(3) Any provisions of a treaty that conflict with the Constitution or which lead to conflicts with it may be approved by the Staten-Generaal only if at least two-thirds of the votes cast are in favour.
(4) Rules regarding the publication of treaties and decisions by international institutions shall be laid down by Act of Parliament.
Article 55 [Delegating power to international institutions]
Legislative, executive, and judicial powers may be conferred on international institutions by or pursuant to a treaty, subject, where necessary, to the provisions of the previous article.
Article 56 [Application of treaties]
(1) Provisions of treaties and of resolutions by international institutions, which may be binding on all persons by virtue of their contents shall become binding after they have been published.
(2) Statutory regulations in force within the Dutch Democratic Republic shall not be applicable if such application is in conflict with provisions of treaties that are binding on all persons or of resolutions by international institutions.
Article 57 [War]
(1) A declaration that the Dutch Democratic Republic is in a state of war shall not be made without the prior approval of the Staten-Generaal.
(2) Such approval shall not be required in cases where consultation with the Staten-Generaal proves to be impossible as a consequence of the actual existence of a state of war.
(3) The provision of the first paragraph shall apply by analogy to a declaration that a state of war has ceased.
Article 58 [Defence of the State]
(1) All Knootian citizens who are capable of doing so shall have a duty to cooperate in maintaining the independence of the State and defending its territory.
(2) This duty may also be imposed on residents of Knootoss who are not Knootian citizens.
Article 59 [Armed Forces]
(1) To protect its interests, the State shall maintain Armed Forces consisting of volunteers and conscripts.
(2) The Government shall have supreme authority over the armed forces.
(3) Compulsory service in the armed forces shall be regulated by Act of Parliament. The obligations which may be imposed on persons not belonging to the armed forces in relation to the defence of the country shall also be regulated by Act of Parliament.
(4) The conditions on which exemption is granted from military service because of serious conscientious objections shall be specified by Act of Parliament.
Article 60 [Call to compulsory military service]
If all or any of the persons liable for compulsory military service but not actually serving in the armed forces are called up by Executive Order in time of war or threat of war or in other exceptional circumstances, a Bill shall be presented to the Staten-Generaal forthwith to regulate where necessary their continued service in the armed forces.
Article 61 [Military expenses]
(1) All expenses in connection with the armies of the State shall be met from central government funds.
(2) No inhabitant or municipality may be required to assist with the billeting or maintenance of troops, or with transports or supplies of any description whatsoever requisitioned by the State for the armies or defences of the country, other than in accordance with general rules laid down by Act of Parliament and upon payment of compensation.
(3) Exceptions to the general rules shall be laid down by Act of Parliament for application in time of war or threat of war or in other exceptional circumstances.
Article 62 [State of Emergency]
(1) The cases in which a state of emergency, as defined by Act of Parliament, may be declared by Executive Order in order to maintain internal or external security shall be specified by Act of Parliament. The consequences of such a declaration shall be governed by Act of Parliament.
(2) Such a declaration may depart from the provisions of the Constitution relating to the powers of the executive bodies of the provinces, municipalities, and water control boards and the basic rights laid down in chapter one
(3) The Staten-Generaal shall decide upon the duration of the state of emergency immediately after the declaration is made, and whenever it considers it necessary, until such time as the state of emergency is terminated by Executive Order
Article 63 [Taxes]
Taxes imposed by the State shall be levied pursuant to Act of Parliament. Other levies imposed by the State shall be regulated by Act of Parliament.
Article 64
(1) The estimates of the State's revenues and expenditures shall be laid down by Act of Parliament.
(2) Bills containing general estimates shall be presented by or on behalf of the Prime Minister every year.
(3) A statement of the State's revenues and expenditures shall be presented to the Staten-Generaal in accordance with the provisions of the relevant Act of Parliament. The balance sheet approved by the General Chamber of Audit shall be presented to the Staten-Generaal.
(4) Rules relating to the management of the State's finances shall be prescribed by Act of Parliament.
Article 65 [Monetary system]
The monetary system shall be regulated by Act of Parliament.
Article 66 [Legal codes]
(1) Civil law, criminal law and civil and criminal procedure shall be regulated by Act of Parliament in general legal codes without prejudice to the power to regulate certain matters in separate Acts of The Staten-Generaal.
(2) The general rules of administrative law shall be laid down by Act of Parliament.
Article 67 [Independent bodies of complaint]
(1) The establishment, powers and procedures of any general independent bodies for investigating complaints relating to actions of the government shall be regulated by Act of Parliament.
(2) Appointment to such bodies shall be made by the Staten-Generaal if their jurisdiction covers the actions of the central government. Members may be dismissed in cases prescribed by Act of Parliament.
Article 68 [Public servants]
The legal status of public servants shall be regulated by Act of Parliament. Rules regarding employment protection and co-determination for public servants shall also be laid down by Act of Parliament.
Article 69 [Public acces to information]
In the exercise of their duties government bodies shall observe the right of public access to information in accordance with rules to be prescribed by Act of Parliament.
Article 70 [Honours]
Honours shall be established by Act of Parliament.
[B]Chapter 6 The Administration of Justice
Article 71 [the Judiciary]
(1) The judgement of disputes involving rights under civil law and debts shall be the responsibility of the judiciary.
(2) Responsibility for the judgement of disputes which do not arise from matters of civil law may be granted by Act of Parliament either to the judiciary or to courts that do not form part of the judiciary. The method of dealing with such cases and the consequences of decisions shall be regulated by Act of Parliament.
(3) Appeal to a higher administrative authority shall be admissible
Article 72 [Punishment]
(1) The judgement of offences shall also be the responsibility of the judiciary.
(2) Disciplinary proceedings established by government bodies shall be regulated by Act of Parliament.
(3) A sentence entailing deprivation of liberty may be imposed only by the judiciary.
(4) Different rules may be established by Act of Parliament for the trial of cases outside Knootoss and for martial law.
Article 73
Capital punishment may not be imposed.
Article 74 [Courts]
(1) The courts which form part of the judiciary shall be specified by Act of Parliament.
(2) The organization, composition and powers of the judiciary shall be regulated by Act of Parliament.
(3) In cases provided for by Act of Parliament, persons who are not members of the judiciary may take part with members of the judiciary in the administration of justice.
(4) The supervision of members of the judiciary responsible for the administration of justice of the manner in which such members and the persons referred to in the previous paragraph fulfil their duties shall be regulated by Act of Parliament.
Article 75 [Supreme Court]
(1) In the cases and within the limits laid down by Act of Parliament, the Supreme Court shall be responsible for annulling court judgements which infringe the law (cassation).
(2) Present and former members of the Staten-Generaal, Ministers, and State Secretaries shall be tried by the Supreme Court for offences committed while in office. Proceedings shall be instituted by Executive Order or by a resolution of the Staten-Generaal.
(3) Additional duties may be assigned to the Supreme Court by Act of Parliament.
(4) The constitutionality of Acts of Parliament and treaties shall not be reviewed by the courts.
Article 76 [Supreme Court membership]
(1) Members of the judiciary responsible for the administration of justice and the Procurator General at the Supreme Court shall be appointed for life by Executive Order.
(2) Such persons shall cease to hold office on resignation or on attaining an age to be determined by Act of Parliament.
(3) In cases laid down by Act of Parliament such persons may be suspended or dismissed by a court that is part of the judiciary and designated by Act of Parliament.
(4) Their legal status shall in other respects be regulated by Act of Parliament.
Article 77 [Public trials]
Except in cases laid down by Act of Parliament, trials shall be held in public and judgements shall specify the grounds on which they are based. Judgements shall be pronounced in public.
Article 78 [Remissions of sentence and pardons]
(1) Remission of sentence shall be granted by Executive Order upon the recommendation of a court designated by Act of Parliament and with due regard to regulations to be laid down by or pursuant to Act of Parliament.
(2) Pardons shall be granted by or pursuant to Act of Parliament.
[B]Chapter 7 Provinces, Municipalities, and Other Public Bodies
Article 79 [Instating and dissolving provinces]
(1) Provinces and municipalities may be dissolved and new ones established by Act of Parliament.
(2) Revisions to provincial and municipal boundaries shall be regulated by Act of Parliament.
Article 80 [Regulatory powers]
(1) The powers of provinces and municipalities to regulate and administer their own internal affairs shall be delegated to their administrative organs.
(2) Provincial and municipal administrative organs may be required by or pursuant to Act of Parliament to provide regulation and administration.
Article 81 [Organisation]
(1) The provinces and municipalities shall be headed by provincial and municipal councils respectively. Their meetings shall be public except in cases provided for by Act of Parliament.
(2) In addition, the administration of a province shall consist of the provincial executive headed by the Stadtholder; the administration of a municipality shall consist of the municipal executive headed by the Mayor.
Article 82
Provincial and municipal by-laws shall be enacted by the provincial or municipal councils respectively, except in cases specified by Act of Parliament or by them pursuant to an Act of Parliament.
Article 83 [Local Elections]
(1) The members of provincial and municipal councils shall be directly elected by Knootian citizens resident in the province or municipality as the case may be who satisfy the requirements laid down for elections to the Staten-Generaal. The same conditions apply to membership.
(2) The members shall be elected by proportional representation within the boundaries to be laid down by Act of Parliament, with the application of national principles.
(4) The duration of provincial and municipal councils shall be four years unless otherwise provided for by Act of Parliament.
(5) The positions which may not be held simultaneously with membership shall be specified by Act of Parliament. The Act may also provide that obstacles to membership will arise from family ties or marriage and that the commission of certain acts designated by Act of Parliament may result in loss of membership.
(6) The members shall not be bound by a mandate or instructions when casting their votes.
Article 84 [Stadtholders and Mayors]
(1)Stadtholders and Mayors shall be directly elected by Knootian citizens resident in the province or municipality as the case may be who satisfy the requirements laid down for elections to the Staten-Generaal. The same conditions apply to holding the position.
(4) The duration of their term is tied with the term of the provincial and municipal councils in their area, unless otherwise provided for by Act of Parliament.
(5) The positions which may not be held simultaneously with office shall be specified by Act of Parliament. The Act may also provide that obstacles to membership will arise from family ties or marriage and that the commission of certain acts designated by Act of Parliament may result in loss of membership.
Article 85 [Foreign resident voting rights]
The right to elect members of a municipal council and the right to be a member of a municipal council may be granted by Act of Parliament to residents who are not Knootian citizens provided they fulfil at least the requirements applicable to residents who are Knootian citizens.
Article 86
(1) Both the organization of provinces and municipalities and the composition and powers of their administrative organs shall be regulated by Act of Parliament.
(2) Supervision of the administrative organs shall be regulated by Act of Parliament.
(3) Decisions by the administrative organs shall be subject to prior supervision only in cases specified by or pursuant to Act of Parliament.
(4) Decisions by the administrative organs may be quashed only by Executive Order and on the ground that they conflict with the law or the public interest.
(5) Provisions in the event of non-compliance in matters of regulation and administration shall be regulated by Act of Parliament. Provisions may be made by Act of Parliament, notwithstanding previous articles, in cases of gross neglect of duty by the administrative organs of a province or municipality.
(6) The taxes which may be levied by the administrative organs of provinces and municipalities and their financial relationships with the central government shall be regulated by Act of Parliament.
Article 87 [Water control boards]
(1) The establishment or dissolution of water control boards, the regulation of their duties and organization together with the composition of their administrative organs shall be effected by provincial by-law according to rules laid down by Act of Parliament, insofar as it is not otherwise provided by or pursuant to Act of Parliament,
(2) The legislative and other powers of the administrative organs of water control boards and public access to their meetings shall be regulated by Act of Parliament
(3) Supervision of these administrative organs by provincial and other bodies shall be regulated by Act of Parliament. Decisions by the administrative organs may be quashed only if they conflict with the law or the public interest.
Article 88 [Professional organisations]
(1) Public bodies for the professions and trades and other public bodies may be established and dissolved by or pursuant to Act of Parliament.
(2) The duties and organization of such bodies, the composition, and powers of their administrative organs and public access to their meetings shall be regulated by Act of Parliament. Legislative powers may be granted to their administrative organs by or pursuant to Act of Parliament.
(3) Supervision of the administrative organs shall be regulated by Act of Parliament. Decisions by the administrative organs may be quashed only if they are in conflict with the law or the public interest.
Article 89
Rules pertaining to matters in which two or more public bodies are involved shall be laid down by Act of Parliament. These may provide for the establishment of a new public body, in which case the previous article shall apply.
Article 90 [Settling disputes]
Disputes between public bodies shall be settled by Executive Order unless they fall within the competence of the judiciary or decisions are referred to other bodies by Act of Parliament.
[B]Chapter 8 Revision of the Constitution
Article 91
(1) An Act of Parliament may be passed stating that an amendment to the Constitution in the form proposed shall be considered.
(2) The Staten-Generaal may divide a Bill presented for this purpose into a number of separate Bills, either upon a proposal presented by or on behalf of the Prime Minister or otherwise.
(3) The Staten-Generaal shall be dissolved after the Act referred to in the first paragraph has been published.
(4) The newly elected Chamber shall consider the Bill and it shall be passed only if at least two thirds of the votes cast are in favour.
(5) The Staten-Generaal may divide a Bill for the amendment of the Constitution into a number of separate Bills, either upon a proposal presented by or on behalf of the Prime Minister or otherwise, if at least two-thirds of the votes cast are in favour.
Article 92
(1) Before Bills to amend the Constitution, which have been given a second reading shall take effect,, provisions may be introduced by Act of Parliament whereby:
(a) the proposals adopted and the unamended provisions of the Constitution are adjusted to each other as required;
(b) the division into chapters, sections, and articles and the headings and numbering thereof are modified.
(2) A Bill containing provisions as referred to under Paragraph (1)(a) shall be passed only if at least two-thirds of the votes cast are in favour.
Article 93
Amendments to the Constitution passed by the Staten-Generaal shall enter into force immediately after they have been published.
Article 94
Existing Acts of Parliament and other regulations and decrees which are in conflict with an amendment to the Constitution shall remain in force until provisions are made in accordance with the Constitution.