tomann
Talamthom Forum Administrator
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(19/4/05 17:06)
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The CONSTITUTION of the REPUBLIC
Constitution of the Poblacht na Tománn
Preamble:
In accordance with the ideals and principles of the founding Eorls, we the people of the Poblacht na Tománn declare that with due observance of prudence, justice and charity, that the dignity and freedom of both the individual shall be ensured, true social equality and order attained, and unity and solidarity established within our own community, while harmony is established with others. As the people of our sovereign Republic, we recognise that we must uphold these truths and thus declare our intentions in this, our constitution:
Article One - The Name
1. The name of the state is Poblacht na Tománn, henceforth to be formally known as the Republic of Talamthom.
2. All citizens of Tománn are known as Tománnach Citizens.
3. The nationality of a Tománnach is therefore to be referred to as Tománn.
Article Two - The Republic
1. The Republic of Talamthom hereby affirms its status as a secular, sovereign, and democratic republic. All entities of the Tománn state must yield to these principles.
2. This constitution is the supreme law of the land and is directly binding on all Tománn state authority.
Article Three - State Symbols
1. The flag of The Republic is the horizontal tricolour of green, white and orange; emblazoned with a Golden Harp, the symbol of the language and people of Tománn.
2. The flag is a state symbol and thus must be treated with respect at all times and not used for the political gains of any parties within the state.
3. The anthem of the Republic is The Soldier's Song, or Amhrán na bhFiann.
Article Four - Language
1. The Republic is officially a bilingual state which holds (Irish) Gaelic and (United Kingdom) English as its languages.
2. (United Kingdom) English is the official language for all state procedures, while (Irish) Gaelic is the cultural language of Tománn.
Article Five - The President
1. The Head of State of the Republic of Talamthom shall henceforth be known as The President (Uachtarán na Tománn).
2. The President has full executive powers over all matters of state so long as he does not use these powers in a manner that undermines or contravenes the Constitution of the Republic.
3. The President is democratically elected by the people of the Republic.
4. The President shall sit in office for a period of four months, barring his resignation or removal from office by a vote of no confidence passed by the Dáil Tománn.
5. A President may only sit in office for the duration of two full terms (8 months), before he/she shall be ineligible for re-election.
6. All bills passed by the Dáil Tománn must be given the approval of the President in the form of his signature.
7. It is the duty of the President to uphold the constitution and laws of the Republic.
Article Six - The Prime Minister
1. GENERAL. The Dáil Tománn must have a Prime Minister installed before it can conduct any business.
2. INSTALLATION. The Prime Minister should be installed as follows:
2.1 The Prime Minister is the leader of the largest party or coalition within the Dáil Tománn.
2.2 If there is no party or coalition with a clear majority then the position of PM is decided upon via a vote within the Dáil of all ministers. This candidates of this vote are to be only the leaders of the parties that share equal largest numbers within the Dáil.
2.3 If there is no clear victor in the Dáil vote for a PM then a nation referendum maybe called and all members of the Citizens Council will be able to vote for the candidate they desire.
3. FUNCTIONS. The Prime Minister must execute the following functions:
3.1 The Prime Minister is also officially the second in command of the Republic and, when the President is away, use limited executive powers in matters of urgency.
3.2 The Prime Minister is responsible for the organisation of the cabinet ministers and the chairing of meetings between them. He may apppoint to the cabinet positions whomever he sees fit with a small consultation with the President to confirm his motives.
3.3 The Prime Minister when the Foriegn Minister is absent, or upon the President's say-so will act as a foreign ambassador to continue the promotion of our Republic upon foreign shores.
4. REMOVAL. The Prime Minister may be removed by vote of no confidence in the Dáil Tománn. When the Prime Minister is removed, all Cabinet Ministers are dismissed. All reappointments of a Prime Minister must still be in accordance to the rules of Installation found in section 2 of this article.
Article Seven - Dáil Tománn
1. GENERAL. The Dáil Tománn (Parliament of Talamthom), is hereby recognised as the primary legislative body of the Republic and may pass legislation by majority vote, rounded up to the nearest whole Minister.
2. DUTIES OF MINISTERS. Ministers sitting in the Dáil Tománn have the duty to propose, debate and vote on bills brought before them. A Minister who has not voted on any question within 28 days is deemed to have forfeited his seat.
3. CONSTITUTIONALITY OF LEGISLATION. Any bill put before the Dáil Tománn that contradicts the constitution or undermines the laws of the Republic shall be rejected at the discretion of the Speaker of the House, subject to judicial review.
4. SPEAKER OF THE HOUSE. The Speaker of the House has the duty to organise the Dáil Tománn's agenda and to recognize all proposals put before the house by its members. The body must elect a Speaker by majority vote, rounded up to the nearest whole Minister, before proceeding to other business.
5. PROPER CONDUCT. As representatives of the people of Tománn, it is the duty of all Ministers to conduct themselves in a polite and gentlemanly fashion in the Dáil Tománn. At no time shall profanity, personal insults or slander be tolerated, and the Dáil must set rules to this effect.
6. EJECTION OF MINISTERS. Ministers may be ejected by majority vote, rounded up to the nearest whole Minister, for such conduct as defined in section 5 above, subject to judicial review.
Article Eight - The Citizens' Council
1. GENERAL. The Citizens' Council, henceforth referred to as the "Council", shall act as a voice of the people and legislative advisory, where all citizens may air their legislative ideas.
2. MEMBERSHIP. All citizens have the right to participate and vote in the Council.
3. CHAIRMAN. The Council must elect a Chairman by majority vote, rounded up to the nearest whole citizen, before proceeding to other business. The term of Chairman is permanent unless the Chairman resigns or a majority of citizens, rounded up to the nearest whole citizen, call for an election by vote of no confidence.
4. LEGISLATIVE ADVISORY. The Council may force the Dáil Tománn to take up legislation by majority of those voting, rounded up to the nearest whole citizen.
5. OTHER POWERS. The Council reserves other powers defined in this constitution and law.
Article Nine - The Judiciary
1. INDEPENDENCE. The judiciary of the Republic shall be independent of the executive and the legislature. Any holder of judicial office shall not be a member of the executive, legislature or any political party. The Dail shall enact legislation from time to time regulating the administration of justice in accordance with these principles.
2. JURISDICTION. The jurisdiction of the High Court of Justice shall extend to all matters of law within the Republic of Talamthom. It shall have jurisdiction over matters civil, criminal, administrative and constitutional.
3. RIGHT OF REFERRAL. The High Court of Justice (Court of Appeal Division) shall have power to judge the constitutionality of Acts of Parliament upon petition by a citizen(s) of the Republic. This right shall not be restricted by Act of Parliament.
4. APPOINTMENT. Judges may be appointed to serve the Republic by a process of simple nonpartisan nomination. Any Member of Parliament may nominate any independent citizen of the Republic to serve as a Judge, this nomination must be endorsed by no less than four citizens of the Republic. No more than two endorsements may come from any single party or special interest group within the Republic. A senior justice shall be appointed as Lord Chief Justice.
5. REMOVAL. Should any Member of Parliament deem it necessary to dismiss a Judge, he may attempt to do so by presenting the issue to Parliament for a vote.
6. LORD CHIEF JUSTICE. In the event that the Lord Chief Justice must be replaced, it shall be conducted through a popular vote among sitting Judges. In the event that the Republic boasts fewer than three sitting Judges, the position of Lord Chief Justice shall be temporarily filled by the most senior of the Republic's judges until such time that an election may be held.
7. TEMPORARY JUSTICES. Parliament may temporarily approve the appointment of a single judge to administer the High Court of Justice. The single judge will preside as a sole judge of the High Court of Justice without distinction to its first instance and appellate functions.
Article Ten - Citizen's Rights and Responsibilities
1. Rights of the Citizens of the Republic:
i. All citizens of the Republic have the right to be treated equally before the eyes of the law.
ii. All citizens of the Republic have the right to free speech, unless that use of free speech contradicts the laws of the Republic.
iii. All citizens of the Republic have the right to participate in elections and vote, unless they are on trial for a criminal offence in the Republic.
iv. All citizens have the right to vote on legislation put before the Citizen's Council.
v. All citizens have the right to stand for the seat of Minister in their respect County.
vi. All citizens have the right to practice what religious, political or social beliefs they wish, as long as those beliefs do not contradict the laws of the Republic.
vii. All citizens have the right to join whichever existing party of the Republic they wish.
2. Responsibilities of the Citizens of the Republic:
i. All citizens of the Republic have the responsibility to abide by the laws and constitution of the Republic.
ii. All citizens of the Republic have the responsibility to conduct themselves in a polite and fair manner.
iii. All citizens of the Republic have the responsibility to inform the Home Office of any extended leave of absence they might be taking.
iv. All citizens of the Republic have the responsibility to respect the Honourable Ministers of the Dáil Tománn as well as the President.
v. All citizens of the Republic have the responsibility to respect all symbols of state, the flag, national anthem and constitution.
Article Eleven - Political Parties
1. The Republic shall allow the creation of political parties regardless of ideology, given that they do not contradict the constitution of the Republic or undermine its laws.
2. The foundation of a political party requires two founding members, as well as a summary of its goals and a proposed manifesto or doctrine to be submitted to the Home Office for review.
3. No political party shall be closed regardless of activity, unless it is done so with the express consent of the Party Leader and/or a majority of party members.
Article Twelve - Elections
1. STV. All elections must be by the single transferable vote and conducted using the script at demochoice.org or a reasonable equivalent.
2. TIMETABLE. All elections must be held within twenty-one days of an opening of office.
2. ELECTORAL COMMISSIONER. Elections must be run by an Electoral Commissioner.
a) The Electoral Commissioner is appointed by the President, subject to confirmation by majority votes of the Dáil Tománn and Citizens' Council.
b) The Electoral Commissioner must be a Tománnach citizen in a non-partisan position, if such a person is not available then an impartial foreigner may be brought in to act as Electoral Commissioner for the Republic.
c) The Electoral Commissioner must prepare a roll of citizens eligible to vote, and this list must be published at least fourteen days before the election.
d) Any objections must be heard by the Electoral Commissioner within five days of publication of the electoral roll. The Electoral Commissioner's decision with respect to such objection is subject to judicial review.
3. PRESIDENTIAL ELECTIONS. Presidential elections are held the second weekends in December, April, and August; or upon resignation, or a vote of no confidence of the Dáil Tománn.
4. DÁIL ELECTIONS. Elections to the Dáil Tománn are held the third weekends in December, April, and August; or when the President has dissolved it. Vacancies must be filled by the Citizens' Council. They shall be conducted as follows:
a) Each party may nominate one candidate for each county or regional seat representing not less than 3 electors. Independents may also nominate themselves as candidates.
b) Each party may nominate any number of candidates for at-large seats. Independents also may nominate. The number of at-large seats is equal to the population of Talamthom divided by three and rounded up to the nearest whole number.
c) Each citizen of Talamthom shall receive two ballots: one for candidates in his or her county or region, one for at-large candidates.
d) The electoral regions and counties are as follows: Tintal (Redmount), West Fealsamthom, East Fealsamthom, Mainistir (Monastry), Shantor (Shannon), Dun Fhyla (Fhylistown), Talamayo (Moorland), Baile a n’Alainn (Freetown), Isles of Codail (Sleepy Isles).
e) Where an election results in a tie, the result shall be decided by the Citizens' Council in general vote.
5. ACCOUNTABILITY. Once an election has been decided by popular vote, the results shall be respected by all citizens unless there is reason to believe the results were spurious, in which case any citizen or group of citizens may bring proceedings before the judiciary of the Republic.
6. ELIGIBILITY. Any citizen of Talamthom who has retained citizenship for 28 days prior to an election shall be eligible to be a candidate and to vote in the election.
7. STANDARDS. Elections shall be conducted in a free and fair manner.
Article Thirteen - East Fealsamthom
1. The people of East Fealsamthom are a distinct society and retain the right to breathe within their own cultural space.
2. The people of East Fealsamthom retain and may, by act of a democratic legislature, exercise the following collective rights:
i. To structure its economy however it sees fit;
ii. To regulate education;
iii. To regulate immigration;
iv. To structure its government however it sees fit.
3. All individual rights under this constitution have force in Fealsamthom unless in direct conflict with the collective rights herein enumerated.
Article Fourteen - Amending the Constitution
1. Constitutional amendments may originate in the Dáil or Citizens' Council.
i. The Dáil must assent to all amendments by majority of those voting, rounded up to the nearest whole citizen.
ii. The Citizens' Council must assent to all amendments by two-thirds supermajority of those voting, rounded up to the nearest whole citizen.
Appendices
1.a) Counties of the Republic:
Baile na hÁlainn - Tománn Freetown (Capital Region)
Co. Talamayo - Moorland County
Co. Dun Fhyla - Fhyllistown County
Co. Tinntál - Redmount County
Co. Shantor - Shannon County
Co. Mainistir - Monastery County
Co. West Fealsamthom - West Fealsamthom County
Na hOileáin Codáil - The Sleepy Isles
b) Special Admin. Regions & Protectorates:
Tománn Republic of East Fealsamthom
2. Anthem of the Republic:
The Soldier's Song
We'll sing a song, a soldier's song,
With cheering rousing chorus,
As round our blazing fires we throng,
The starry heavens o'er us;
Impatient for the coming fight,
And as we wait the morning's light,
Here in the silence of the night,
We'll chant a soldier's song.
Chorus:
Soldiers are we
whose lives are pledged to Ireland;
Some have come
from a land beyond the wave.
Sworn to be free,
No more our ancient sire land
Shall shelter the despot or the slave.
Tonight we man the gap of danger
In Erin's cause, come woe or weal
'Mid cannons' roar and rifles peal,
We'll chant a soldier's song.
In valley green, on towering crag,
Our fathers fought before us,
And conquered 'neath the same old flag
That's proudly floating o'er us.
We're children of a fighting race,
That never yet has known disgrace,
And as we march, the foe to face,
We'll chant a soldier's song.
Chorus
Sons of the Gael! Men of the Pale!
The long watched day is breaking;
The serried ranks of Inisfail
Shall set the Tyrant quaking.
Our camp fires now are burning low;
See in the east a silv'ry glow,
Out yonder waits the Saxon foe,
So chant a soldier's song.
Chorus
Amhrán na bhFiann
Seo dhibh a cháirde duan Óglaigh,
Cathréimeach briomhar ceolmhar,
Ár dtinte cnámh go buacach táid,
'S an spéir go min réaltogach
Is fonnmhar faobhrach sinn chun gleo
'S go tiúnmhar glé roimh thíocht do'n ló
Fé chiúnas chaomh na hoiche ar seol:
Seo libh canaídh Amhrán na bhFiann.
Curfá:
Sinne Fianna Fáil
A tá fé gheall ag Éirinn,
buion dár slua
Thar toinn do ráinig chugainn,
Fé mhóid bheith saor.
Sean tír ár sinsir feasta
Ní fhagfar fé'n tiorán ná fé'n tráil
Anocht a théam sa bhearna bhaoil,
Le gean ar Ghaeil chun báis nó saoil
Le guna screach fé lámhach na bpiléar
Seo libh canaídh Amhrán na bhFiann.
Cois bánta réidhe, ar árdaibh sléibhe,
Ba bhuachach ár sinsir romhainn,
Ag lámhach go tréan fé'n sár-bhrat séin
Tá thuas sa ghaoith go seolta
Ba dhúchas riamh d'ár gcine cháidh
Gan iompáil siar ó imirt áir,
'S ag siúl mar iad i gcoinne námhad
Seo libh, canaídh Amhrán na bhFiann.
Curfá
A bhuíon nách fann d'fhuil Ghaeil is Gall,
Sin breacadh lae na saoirse,
Ta scéimhle 's scanradh i gcroíthe namhad,
Roimh ranna laochra ár dtire.
Ár dtinte is tréith gan spréach anois,
Sin luisne ghlé san spéir anoir,
'S an bíobha i raon na bpiléar agaibh:
Seo libh, canaídh Amhrán na bhFiann.
Curfá
___________________________________________________
With my signature i bring into being the Constitution of
this Republic as the guardian of all Tománnachs and the
highest point of Tománnach law;
Tomás S. Ó Ceallaigh,
1st President of Talamthom.
Edited by: James A Grieve  at: 1/7/05 6:52
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