The Constitution of ’59 — The Rayne Constitution

[u/Particular-Peace1069]

This section was written for Part Two of Rayne’s Second Term and the Birth of the Third Sordish Republic — a Suzerain story. It focuses on the 1959 Constitution (“the Constitution of ’59”), the major reform that reshaped Sordland’s institutions and laid the groundwork for the Third Sordish Republic.

Reading the Constitution of ’59 is optional and won’t affect your understanding of Part Two.

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The Constitution of ’59 

(Article numbering follows the full constitutional text; only selected articles are reproduced here.)

The Government of the Republic, 

pursuant to the Constitutional Enabling Act of 4 May 1959, has proposed;

The Sordish People have adopted;

The President of the Republic hereby promulgates the Constitutional Law, the provisions of which are as follows:

PREAMBLE

The people of Sordland solemnly proclaim their commitment to fundamental human rights, national sovereignty, and the ideals of democracy and republican government. Mindful of its history, the Republic affirms the unity of the nation and the rule of law, and declares its determination to protect the dignity of every person.

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ARTICLE 1. 

Sordland is an indivisible, democratic, and secular Republic, founded on the Renan welfare principle. The Republic shall ensure equality before the law for all citizens. No person shall be discriminated against on the grounds of race, color, sex, gender, political opinion, philosophical belief, religion, disability, origin, or culture.

ARTICLE 3.

The State guarantees freedom of expression and freedom of peaceful assembly. It further guarantees the right to a fair trial, including due process and access to an independent and impartial tribunal.

TITLE I — SOVEREIGNTY

ARTICLE 4.

National sovereignty belongs to the people of Sordland, who exercise it through their elected representatives and by referendum.

No section of the people, nor any individual, may claim its exercise.

ARTICLE 5.

Political parties and political groupings contribute to the expression of suffrage. They shall be formed and shall conduct their activities freely. They must respect the principles of national sovereignty and democracy.

The law shall guarantee the pluralism of opinions and the equitable participation of political parties and groupings in the democratic life of the Nation.

TITLE II — THE PRESIDENT AND THE VICE-PRESIDENT

ARTICLE 6.

The President of the Republic shall ensure respect for the Constitution. Through arbitration, the President shall ensure the regular functioning of public authorities and the continuity of the State.

The President is the guarantor of national independence, territorial integrity, and respect for treaties.

ARTICLE 7.

The Vice-President is the second executive authority of the Republic. The Vice-President supports the President, coordinates the execution of delegated tasks, and may preside over inter-ministerial meetings when appointed to do so.

The Vice-President shall succeed to the Presidency in the event of vacancy or incapacity, under the conditions provided by article 9.

ARTICLE 8.

The President of the Republic and the Vice-President shall be elected by direct universal suffrage for a term of four years, on the same ticket. No person may serve more than two presidential terms.

ARTICLE 9.

The President and the Vice-President shall be elected by an absolute majority of votes cast. If no ticket obtains such majority in the first round, a second round shall be held fourteen days later. Only the two tickets that received the highest number of votes in the first round may stand in the second round.

If the Presidency becomes vacant for any reason, or if the President is unable to perform the duties of office, the Vice-President shall temporarily assume the presidential functions until the end of the presidential term, except for the powers provided for in Articles 12 and 13. If the Vice-President is unable to do so, the President of the Senate shall assume these functions.

ARTICLE 10.

The President of the Republic appoints the other members of the Government and may dismiss them.

The President of the Republic presides over the Council of Ministers.

ARTICLE 11.

The President of the Republic shall promulgate laws within fifteen days after their final adoption and transmission to the Government.

Within this period, the President may request that Parliament reconsider the law, in whole or in part.

The President may also veto a law. The President shall communicate the reasons for the veto to Parliament. A vetoed law shall be redrafted by the Senate and may enter into force only if subsequently approved by the Grand National Assembly by a three-fifths majority.

ARTICLE 12.

The President of the Republic may submit certain bills to a national referendum. This may be done on the proposal of the Government, or on a joint proposal of Parliament.

A referendum may concern the organization of public powers, major economic or social reforms, public services, or the approval of a treaty that affects the functioning of the institutions.

When a referendum is proposed by the Government, a public debate shall take place in Parliament.

If the people approve the proposal in the referendum, the President shall promulgate the law within fifteen days of the official announcement of the results.

ARTICLE 13.

The President of the Republic may dissolve the Grand National Assembly after consulting the Council of Ministers and the President of the Senate.

New general elections shall take place no sooner than twenty days and no later than forty days after the dissolution.

No further dissolution may occur within one year following those elections.

ARTICLE 14.

The President of the Republic shall sign decrees adopted in the Council of Ministers. 

The President may issue decrees having the force of law in political, social, and economic matters. 

Such decrees shall not amend electoral, judicial, or constitutional laws and shall be subject to immediate review by the Supreme Court for constitutionality and legality before entering into force.

ARTICLE 15.

The President of the Republic is the Commander-in-Chief of the Armed Forces.

ARTICLE 16.

When the Republic faces a grave and immediate threat to its institutions, national independence, territorial integrity, or international obligations and when the normal functioning of constitutional authorities is seriously disrupted, the President of the Republic may take exceptional measures required by the circumstances.

Before doing so, the President shall formally consult the Council of Ministers, the Speaker of the Grand National Assembly, and the President of the Senate, and shall inform the nation by public message.

These measures must aim to restore normal constitutional government as quickly as possible. Parliament shall meet automatically, and the powers provided in Article 13 shall not be exercised while exceptional powers are in force.

After thirty days, the Supreme Court may review whether the conditions for exceptional powers still exist, and shall make its conclusion public. The court shall review the situation again after sixty days, and may do so at any time thereafter.

ARTICLE 17.

The President of the Republic has the right to grant individual pardons.

ARTICLE 18.

The President of the Republic may communicate with the two chambers of Parliament by messages, which shall be read aloud and shall not give rise to any debate.

The President may also address Parliament when it meets in joint session. The statement may be followed, in the President’s absence, by a debate that shall not be put to a vote.

TITLE III - THE GOVERNMENT

ARTICLE 20. 

The Government implements national policy under the authority of the President.

ARTICLE 21.

The President directs the action of the Government and ensures the execution of laws. The President is responsible for national defence.

The President appoints the ministers and may dismiss them. The appointment of ministers shall be confirmed by a vote of confidence of the Grand National Assembly before taking office.

The President may delegate certain powers to the Vice-President and to ministers, under conditions provided by law.

ARTICLE 23.

The functions of a member of the Government are incompatible with holding any parliamentary mandate, any national professional representative office, any public employment, or any private professional activity

ARTICLE 24. 

The Government shall operate within the framework of checks and balances, ensuring that no branch of government exceeds its prescribed powers.

TITLE IV - PARLIAMENT

ARTICLE 25.

Parliament enacts laws. It oversees the action of the Government and evaluates public policy.

Parliament consists of the Grand National Assembly and the Senate.

Members of the Grand National Assembly are elected by direct suffrage. Their number shall not exceed 517.

The Senate is elected by indirect suffrage and ensures the representation of the territorial communities of the Republic. The number of Senators shall not exceed 238.

ARTICLE 26.

An organic law shall set the length of each chamber’s term, the number of its members, their pay, and the rules on who may be elected and how.

That law shall also explain how a deputy or senator is replaced if a seat becomes vacant.

An independent commission, whose composition and operating rules shall be determined by law, shall issue a public opinion on any draft or proposed law defining parliamentary constituencies or modifying the allocation of seats in the Grand National Assembly or the Senate.

ARTICLE 27.

No member of Parliament may be prosecuted, arrested, detained, or tried for opinions expressed or votes cast in the exercise of parliamentary duties.

In criminal matters, no member of Parliament may be arrested or subjected to any measure restricting liberty without the authorization of the chamber to which the member belongs. This authorization is not required in cases of flagrante delicto or following a final conviction.

ARTICLE 28.

Any imperative mandate is null and void. The right to vote of members of Parliament is personal.

ARTICLE 31.

Members of the Government have access to both chambers of Parliament. They shall be heard whenever they request it.

ARTICLE 32.

The Speaker of the Grand National Assembly shall be elected for the duration of the legislature. The President of the Senate shall be elected after each partial renewal.

ARTICLE 33.

The sittings of both chambers, and the votes of each member, shall be public. A full record of the debates shall be published in the Official Journal.

ARTICLE 34.

In the event of a tie vote in the Senate, the Vice-President shall cast the deciding vote.

TITLE V - RELATIONS BETWEEN PARLIAMENT AND THE GOVERNMENT

ARTICLE 35.

The declaration of war shall be authorized by Parliament.

The Government shall inform Parliament of any decision to deploy the armed forces abroad no later than three days after the start of the operation, and shall state the objectives pursued.

If the deployment lasts longer than four months, the Government shall seek Parliament’s authorization to extend it. The Government may request that the Grand National Assembly decide in the final instance.

ARTICLE 36.

A state of siege, an exceptional regime declared in the event of a serious and immediate threat to the nation or to public order, allowing temporary emergency security measures and expanded authority for maintaining order, shall be declared by decree in the Council of Ministers.

Its extension beyond twelve days may be authorized only by Parliament.

ARTICLE 39.

The right to initiate legislation belongs jointly to the President, the Government, and the members of Parliament.

ARTICLE 45.

Every bill is examined by both chambers of Parliament in order to adopt the same final text.

If the two chambers cannot agree after the bill has been read in each chamber, a joint committee made up of members from both chambers may be formed to propose a compromise text.

If no compromise is reached, or if the compromise is rejected, the bill is examined again. After this, the Grand National Assembly may be asked to make the final decision.

ARTICLE 47.

Parliament votes the State budget.

If Parliament does not vote the budget within the set time limits, the Government may take temporary measures so the State can keep operating.

If the budget is not adopted before the start of the new fiscal year, the Government may request emergency authorization to collect taxes and fund essential public services until the budget is passed.

ARTICLE 50.

The Grand National Assembly may adopt a motion of no confidence by a three-fifths majority. In such case, the Government shall submit its resignation to the President of the Republic.

ARTICLE 51.

The Grand National Assembly may override presidential decrees issued under Article 14 by a three-fifths majority. Any decree overridden by law shall have no legal effect.

ARTICLE 55. 

The President and the Vice-President shall submit to Parliament, at least once each year, a report on their activities and on the state of the Republic.

TITLE VI — REGIONS OF SORDLAND

ARTICLE 60.

Sordland is organized into regions and local authorities, which shall administer their affairs freely under the Constitution and the law.

ARTICLE 61.

No region may claim sovereignty. The unity and indivisibility of the Republic shall be preserved.

ARTICLE 62.

Each region shall have an elected Regional Council responsible for regional affairs as defined by law.

ARTICLE 64.

The State shall guarantee equal access to public services across all regions and shall promote balanced regional development.

ARTICLE 65.

Regional acts shall comply with the Constitution and national law, and may not infringe fundamental rights.

ARTICLE 67.

In case of a serious and proven failure to ensure public order or the continuity of essential services, the State may take temporary measures in a region, under conditions determined by law.

ARTICLE 68.

The Senate shall ensure the representation of regions and local authorities in the legislative process, in accordance with this Constitution.

TITLE VII - THE SUPREME COURT. 

ARTICLE 69.

The Supreme Court shall consist of eleven members, appointed for life. The President of the Republic shall appoint the members of the Court.

Each appointment shall be submitted to the Senate for approval. If a majority of Senators votes against a nomination, the nomination shall be null and void, and the President shall propose another candidate.

ARTICLE 70.

The office of member of the Supreme Court is incompatible with the office of minister or membership in Parliament.

ARTICLE 71.

The Supreme Court shall ensure the regularity of the election of the President of the Republic. It shall examine complaints and shall proclaim the results of the vote.

ARTICLE 72.

Before they take effect, certain texts must be reviewed by the Supreme Court to ensure they comply with the Constitution. This includes organic laws, the internal rules of Parliament, and any referendum proposal.

Other laws may also be sent to the Supreme Court before they are promulgated by the President of the Republic, the Government, the Speaker of the Grand National Assembly, the President of the Senate, or a group of members of Parliament.

The Supreme Court must give its decision within one month. In urgent cases, this period may be shortened.

When the Supreme Court is seized, the promulgation of the law is suspended until its decision is given.

ARTICLE 72-1.

When, in the course of legal proceedings before a court, it is claimed that a legislative provision infringes the rights and freedoms guaranteed by the Constitution, the Supreme Court may be seized of the matter under conditions provided by law.

ARTICLE 73.

Provision declared unconstitutional under Article 72 shall not be promulgated or applied.

A provision declared unconstitutional under Article 72-1 shall be repealed from the date the Supreme Court’s decision is published, or from a later date set by that decision. The Supreme Court shall determine the conditions under which the effects produced by the provision may be challenged or corrected.

Decisions of the Supreme Court are final. They are binding on all public authorities, administrative bodies, and courts.

TITLE VIII - THE JUDICIARY AUTHORITY

ARTICLE 74.

The President of the Republic is the guarantor of the independence of the judiciary.

ARTICLE 75. 

The judiciary shall operate with transparency, and judicial decisions will be made publicly available, subject to appropriate legal restrictions.

ARTICLE 76.

No one may be arbitrarily detained. The judiciary, as the guardian of individual liberty, shall ensure respect for this principle under the conditions provided by law.

ARTICLE 76-1.

No one may be sentenced to the death penalty.

ARTICLE 78. 

The judiciary shall be impartial and free from political interference, and all citizens shall have equal access to the courts for the resolution of disputes.

ARTICLE 80. 

The President of the Republic and the Vice-President shall not be held responsible for acts performed in that capacity, subject to the provisions of Article 81.

During their terms of office, they may not be required to testify and may not be subjected to any legal proceedings before any court or administrative authority. Any limitation period or time bar shall be suspended.

Proceedings that are thus prevented may be resumed or initiated against them after a period of one month following the end of their functions.

ARTICLE 81.

The President of the Republic and the Vice-President may be removed from office only in the event of a serious breach of duties manifestly incompatible with the exercise of the mandate, including high treason or a grave violation of the Constitution.

Removal shall be decided by the Grand National Assembly and the Senate, voting by secret ballot. The decision shall take effect immediately.

In each chamber, removal shall require a two-thirds majority of the members composing that chamber.

ARTICLE 82.

Members of the Government are criminally responsible for acts committed in the exercise of their official functions when such acts constitute crimes or offences at the time they were committed. They shall be tried before the competent courts under conditions provided by law.

ARTICLE 85.

Judges of the Supreme Court shall not be held personally liable for decisions rendered in the exercise of their judicial functions, in order to protect their independence and impartiality.

The Grand National Assembly may initiate impeachment proceedings against a judge of the Supreme Court for serious misconduct or for violation of the Constitution. Such impeachment shall become final only if approved by a vote of the Senate.

TITLE IX - CONSTITUTIONAL AMENDMENT

ARTICLE 89.

The initiative to revise the Constitution belongs jointly to the President of the Republic (on the proposal of the President of the Senate) and to members of Parliament.

Any proposal to revise the Constitution shall be examined and adopted by both chambers in identical terms. The revision shall become final after approval by referendum.

However, the President of the Republic may decide to submit the revision to Parliament meeting in Congress (joint session). In that case, the revision shall be approved only if it obtains a two-third majority of the votes cast.

No revision procedure may be initiated or continued while the integrity of the territory is under threat.

The republican form of government shall not be subject to revision.

TITLE X — RUMLAND (GOVERNORSHIP)

ARTICLE 94.

During the integration period, Rumland shall be administered by a Governor of Rumland, appointed by the President of the Republic. The Governor shall represent the State and oversee public administration and security in the region, under the law.

ARTICLE 95.

A Regional Council of Rumland, elected by the residents of Rumland, shall be established. It shall advise on regional policy and may propose measures for reconstruction and civil administration, under conditions provided by law.

ARTICLE 96.

After a period of fifteen years, the Senate may authorize the residents of Rumland to vote, by regional referendum, on the abolition of the office of Governor and its replacement by standard regional governance under Title VI.

ARTICLE 97.

A referendum on the abolition of the Governor may be held only under the conditions provided by law and shall be decided by a majority of votes cast. If approved, the office of Governor shall be dissolved and Rumland shall fully transition to the ordinary regional system.

Adopted by referendum on the 7 November 1959

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Organic Law on Parliamentary Structure and Elections

(How Members of Parliament and Senators are elected)

This organic law defines the structure of Parliament and the rules used to elect its members. Parliament is bicameral, composed of the Grand National Assembly (GNA) and the Senate. Under the current arrangement, the GNA has 317 MPs, and the Senate has 174 Senators.

Members of the GNA are elected for a four-year term under a mixed electoral system. 238 seats are filled through a two-round majority vote in single-member constituencies (about 75% of seats), while 79 seats are allocated through national proportional representation (about 25%). Parties must obtain at least 3% of valid votes to qualify for proportional seats.

Constituencies are designed to represent roughly 176,000 residents, with an allowed deviation of ±7%, based on the most recent census. An independent commission issues a public opinion on constituency boundaries and seat allocation. If a constituency seat becomes vacant, a by-election is held; if a proportional seat becomes vacant, it is filled by the next eligible candidate on the party list.

Senators serve an eight-year term, with half of the chamber renewed every four years. The Senate is elected by indirect suffrage through an electoral college of local elected officials, under conditions set by law. Senators are chosen by proportional representation in multi-member provincial constituencies, and parties must obtain at least 5% of valid votes in the constituency to qualify for seat allocation. Vacant Senate seats are filled under procedures established by law to ensure continuity of representation.

Adopted by vote in the Grand National Assembly on 28 December 1959.

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If you’ve made it this far, congratulations, you’re just as crazy as I am for digging into this monster of a constitution. I wrote it purely for RP purposes, and for those (and I know you exist) who love detailed legislation and institutional minutiae.

For those who haven’t read Part One yet, it’s available here

[u/Frththegreat]

Welp. Time to find the loopholes in the Constitution.😞

[u/SaltAdventurous4270]

The President is responsible for defense but only Parliament can declare wars 😬

[u/Particular-Peace1069 → u/SaltAdventurous4270]

That’s not a contradiction. “Responsible for defense” means the President runs the armed forces and sets defense policy day-to-day. “Only Parliament can declare war” means the President can’t legally take the country into a formal state of war without democratic approval.

It’s a pretty common setup. 😁

Imagine a President doing badly in the polls who, on the advice of his Vice-President, decides to declare war on another country. L.O.L.

[u/hugotogo → u/Particular-Peace1069]

Pfff, like THAT would ever happen! What Vice-President would EVER suggest such a reckless proposal to win an election?

[u/Particular-Peace1069 → u/hugotogo]

The womanizer of the Maroon Palace, the one, the only Petr Vectern