Uwistanian Constitution

Constitution of the Federal Republic of Uwistan

Full constitution
 

CHAPTER I - FUNDAMENTAL RIGHTS AND OBLIGATIONS

ARTICLE 1 - HUMAN DIGNITY AND FUNDAMENTAL RIGHTS
(1) Human dignity is inviolable. To respect and protect them is the obligation of all state power.
(2) Everyone has the right to life, liberty and security.
(3) All people are equal before the law.
(4) Nobody may be discriminated against because of their gender, descent, race, language, homeland and origin, belief, religious or political views.
(5) Everyone has the right to freely express and disseminate their opinion in word, writing and image.
(6) The freedom of the person is inviolable. Deprivations of liberty are only permissible on the basis of a formal law and only in compliance with the forms prescribed therein.
(7) Everyone has the right to free development of their personality as long as they do not violate the rights of others and do not violate the constitutional order or the moral code.
(8) Every natural or legal person has the right to respect for his or her property. No one shall be deprived of his property except when the public interest so requires and only under the conditions provided by law and by the general principles of international law.
(9) All state power emanates from the people. It is exercised by the people in elections and votes and by special legislative, executive and judicial organs.

ARTICLE 2 - RIGHT TO EQUALITY
(1) All people are equal before the law.
(2) Women and men have equal rights. The state promotes the actual implementation of equal rights for women and men and works towards eliminating existing disadvantages.
(3) Nobody may be disadvantaged because of a disability.

ARTICLE 3 - FREEDOM OF RELIGION AND CONCERN
(1) Everyone has the right to freedom of belief, conscience and freedom of religious and philosophical belief.
(2) The undisturbed practice of religion is guaranteed.

ARTICLE 4 - RIGHT TO EDUCATION
(1) Everyone has the right to education. Education is free of charge and access to the various levels of education is guaranteed based on suitability, ability and performance.
(2) The state guarantees education and training for freedom and responsibility in a democratic society.

ARTICLE 5 - RIGHT TO WORK AND SOCIAL SECURITY
(1) Everyone has the right to work and to free choice of occupation. Workers have the right to work in decent working conditions and to receive a fair wage.
(2) The state guarantees the right to social security and the improvement of working conditions.

ARTICLE 6 - ETERNITY CLAUSE
An amendment to this constitution which affects the principles laid down in Articles 1 to 6 is not permitted.

CHAPTER II - THE CONSTITUTIONAL BODIES

ARTICLE 7 - THE LEGISLATIVE
(1) Legislative power is exercised by Parliament.
(2) The Federal Republic of Uwistan is a democratic and social federal state.
(3) Parliament consists of two chambers, the Bundestag and the Bundesrat
(4) Parliament has the right to enact laws, to decide on the state budget and to discuss and decide on government policies; the Bundesrat must also approve each motion with a majority.
(5) Federal law breaks state law.
(6) Referendums
(a) In the event of a failed motion in Parliament, the party that tabled the law draft has the right to hold a referendum to let citizens vote on the motion in question.
(b) The result of a referendum is binding and must be implemented by the government.

ARTICLE 8 - THE EXECUTIVE
(1) Executive power is exercised by the Federal Chancellor and the Ministers.
(2) All state power emanates from the people. It is exercised by the people in elections and votes and by special legislative, executive and judicial organs.
(3) The Federal Chancellor is elected by the Bundestag after the parliamentary elections.
(4) The Government is appointed by the Federal Chancellor and confirmed by Bundestag.
(5) The federal government is dependent on the confidence of the Bundestag.
(6) If no confidence is expressed in the government, it must resign.
(7) The Federal Chancellor has the right to pardon and the right to declare a state of emergency.

ARTICLE 9 - THE FEDERAL CONSTITUTION COURT (JUDICAL)
(1) The Federal Constitutional Court is the controller of the government and parliament. They verify that the actions are legal.
(2) Any citizen who suspects unconstitutional acts by the government or parliament may file a complaint with the Federal Constitutional Court.
(3) The court consists of 10 judges. The President and 9 other judges.
(4) The judges are subject only to Uwistanian law.
(5) The judges are all elected by representatives of the Bundestag and the Bundesrat for a four-year term.
(6) If judges act unconstitutionally, they are removed from office.

CHAPTER II - THE BUNDESTAG

ARTICLE 10 - THE VOTE
(1) The members of the Uwistanian Bundestag are elected by a general, direct, free, equal, and secret vote. They represent the entire population, are not bound by mandates or instructions, and are only accountable to their conscience.
(2) Eligible to vote is anyone who has reached the age of eighteen.
(3) Subject to the following provisions, the Bundestag is elected for four years. The electoral period ends when a new Bundestag meets. In the event of a dissolution of the Bundestag, the new election takes place within sixty days.
ARTICLE 11 - THE COMPOSITION AND VOTES
(1) The Bundestag meets no later than on the thirtieth day after the election.
(2) The Bundestag consists of 370 members.
(3) The Bundestag elects its president, his deputy and the secretaries.
(4) The Bundestag negotiates in public.
(5) A majority of the votes cast is required for a resolution of the Bundestag.

CHAPTER III - THE FEDERAL PRESIDENT

ARTICLE 12 - THE VOTE
(1) The Federal President is elected by the population entitled to vote. Everyone who has the right to vote and has reached the age of 30 can be elected.
(2) The office of Federal President lasts four years. Subsequent re-election is not limited.
(3) The person who receives the votes of the majority of the votes is elected. If no candidate achieves this majority in two ballots, the candidate who wins the following ballot is elected.
ARTICLE 13 - THE PREREQUISITE FOR CANDIDACY
A candidate mustn't belong to either the federal government or a state government.

ARTICLE 14 - THE RIGHTS AND OBLIGATIONS
(1) The Federal President represents the Federation in international law. He concludes treaties with foreign countries on behalf of the federal government.
(2) The Federal President is the head of state of the Federal Republic of Uwistan.
(3) The Bundestag or the Bundesrat can impeach the Federal President with the Federal Constitutional Court for willful violation of the Constitution or another federal law. The request for the indictment must be brought by at least a quarter of the members of the Bundestag or a quarter of the votes of the Bundesrat. The resolution to bring charges requires a majority of two-thirds of the members of the Bundestag or two-thirds of the votes of the Bundesrat. The prosecution is represented by a representative of the prosecuting body.
(4) If the Federal Constitutional Court finds that the Federal President is guilty of willful violation of the Constitution or of any other federal law, it may declare him forfeited from office. After the indictment has been brought, it may be determined by an interlocutory order that he participate in the exercise is prevented from taking office.
(5) The Federal President can dissolve the Bundestag and order new elections at the suggestion of the Federal Government or a member of parliament and with a two-thirds consent of the Bundestag.
(6) A law can only come into force if it has been signed by the Federal President.
(7a) If a law passed by the Bundestag and Bundesrat is not unconstitutional, it must be signed by the Federal President.
(7b) If a law passed by the Bundestag and Bundesrat is unconstitutional, it mustn't be signed by the Federal President.
(8a) If there are constitutional concerns about a bill, the Federal President can have the draft reviewed by the Federal Constitutional Court.
(8b) If the Federal Constitutional Court determines that the draft law does not contain any unconstitutional content, it must be signed by the Federal President.
(8c) If the Federal Constitutional Court determines that the draft law has unconstitutional content, it may never be signed by the Federal President in this form.
(9) The Bundestag or the Bundesrat can impeach the Federal President before the Federal Constitutional Court for willful violation of the Constitution or any other federal law. The request to bring charges must be made by at least a quarter of the members of the Bundestag or a quarter of the votes of the Bundesrat. The decision to bring charges requires a majority of two-thirds of the members of the Bundestag or two-thirds of the votes of the Bundesrat. The prosecution is represented by a representative of the prosecuting body.
ARTICLE 15 - SITUATION IN CASE OF PREVENTION
The powers of the Federal President are exercised in the event of his being prevented or in the event of premature completion of the Office is exercised by the President of the Bundesrat.

CHAPTER IV - THE BUNDESRAT

ARTICLE 16 - THE BUNDESRAT
(1) The Bundesrat is a constitutional body that represents the interests of the federal states at federal level.
(2) The Bundesrat consists of the representatives of all federal states.
(3) The Bundesrat has the right to review laws and propose changes.

CHAPTER V - FINAL PROVISIONS

ARTICLE 17 - CONSTITUTIONAL AMENDMENT
(1) An amendment to the constitution requires the consent of two-thirds of the members of Parliament.
(2) An amendment to the constitution must not affect fundamental rights and the federal order.
(3) The constitutional amendment must be signed by the President and published in the Official Gazette.

ARTICLE 18 - VALIDITY OF THE CONSTITUTION
This constitution applies to the entire national territory and is binding for all state organs and institutions.