Article 1 [Democratic Republic]
Wales is a democratic republic.
Article 2 [Rule of Law, Social State]
Wales is a state governed by the rule of law and a social state, based on the principles of subsidiarity, sustainability and solidarity.
Article 3 [Self-Determination, Sovereignty]
(1) Wales is a state of all its citizens and is founded on the permanent and inalienable right of the Welsh nation to self-determination.
(2) In Wales power is vested in the people. Citizens exercise this power directly and through elections, consistent with the principle of the separation of legislative, executive and judicial powers.
Article 3a [International Organisations]
(1) Pursuant to a treaty ratified by the National Assembly of Wales (here after the National Assembly) by a two-thirds majority vote of Assembly Members, and ratified by an absolute majority of the members of the National Council of Wales (here after the National Council), Wales may transfer the exercise of part of its sovereign rights to international organisations which are based on respect for human rights and fundamental freedoms, democracy and the principles of the rule of law; and may enter into a defensive alliance with states which are based on respect for these values.
(2) Before ratifying a treaty referred to in the preceding paragraph, the National Assembly may call a referendum. A proposal is passed in the referendum if a majority of those voting have cast valid votes in favour of the same. The National Assembly is bound by the result of such referendum.
(3) Legal acts and decisions adopted within international organisations to which Wales has transferred the exercise of part of its sovereign rights shall be applied in Wales in accordance with the legal regulation of these organisations.
(4) In procedures for the adoption of legal acts and decisions in international organisations to which Wales has transferred the exercise of part of its sovereign rights, the Government shall promptly inform the National Assembly of proposals for such acts and decisions as well as of its own activities. The National Assembly may adopt positions thereon, which the Government shall take into consideration in its activities. The relationship between the National Assembly and the Government arising from this paragraph shall be regulated in detail by a law adopted by a two-thirds majority vote of Assembly Members present and ratified by a majority vote of the National Council.
Article 3b [United Nations]
The Government of Wales shall apply for
membership of the United Nations Organisation
and such member bodies of that organisation
as directed by the Government of Wales and approved by a two thirds
majority of the National Assembly and an absolute majority of the
members of the National Council.
Article 4 [Territorial Integrity]
Wales is a territorially unified and indivisible state.
Article 5 [State Objectives]
(1) In its own territory, the state shall protect human rights and fundamental freedoms. It shall protect and guarantee the rights of the minority communities of Wales. It shall maintain concern for Welsh national minorities in neighbouring countries, for the historic diaspora of the Welsh Nation and for Welsh emigrants and workers abroad and shall foster their contacts with the homeland. A special recognition will be afforded to the descendants of the settlers of the Welsh colony in Patagonia, cultural links with that region shall be maintained. It shall provide for the preservation of the natural wealth and cultural heritage and create opportunities for the harmonious development of society and culture in Wales.
(2) The state shall protect and cherish the ecology of Wales and seek to enhance and preserve the diversity of its flora and fauna.
Residents of Wales not holding Welsh citizenship may enjoy special
rights and privileges in Wales. The nature and extent of such rights
and privileges shall be regulated by law.
Article 6 [State Symbols]
(1) The coat-of-arms of Wales has the form of a shield. It will be quartered and will bear the arms of Owain Glyn Dwr.
The flag of Wales is the Ddriag Goch, a red dragon on a white and
green striped banner. The ratio of the width of the flag to the
length thereof is one to two. The colours
of the flag are in the following order: white and then green. Each
occupies a horizontal band covering one half of the area of the
flag. The dragon is positioned centrally so that it lies with one
half in the white field and the other in the green field.
(3) The national anthem of Wales is "Mae Hen Wlad Fy Nhadau".
(4) The Seal of Wales will consist of the
arms of Wales surrounded by a belt with the words pleidiol
wyf i'm gwlad. The
reverse of the seal will bear an image of Y Ddraig Goch
(4) The use of the coat-of-arms, the flag, the Seal of Wales and the national anthem shall be provided by law.
Article 7 [Secularity]
(1) The state and religious communities shall be separate, the establishment of any religion as an official state religion is prohibited.
(2) Religious communities shall enjoy equal rights; they shall pursue their activities freely, with due regard to the rights of others and non members of their community.
Article 8 [International Law]
Laws and regulations must comply with generally accepted principles of international law and with treaties that are binding on Wales. Ratified and published treaties shall be applied directly.
Article 9 [Local Autonomy]
Local self-government in Wales is guaranteed. The state recognises the principle of subsidiarity.
Article 10 [Capital]
The capital of Wales is Cardiff.
Article 11 [Language]
The official languages in Wales are Welsh and English.
Article 12 [Citizenship]
Welsh citizenship shall be regulated by law.
Article 13 [Aliens]
In accordance with treaties, aliens in Wales enjoy all the rights guaranteed by this Constitution and laws, except for those rights that pursuant to this Constitution or law that only citizens of Wales enjoy.
Article 14 (Equality before the Law)
(1) In Wales everyone shall be guaranteed equal human rights and fundamental freedoms irrespective of national origin, race, gender, gender identity, language, sex, sexual orientation, religion, political or other conviction, material standing, birth, education, social status, disability or any other personal circumstance.
(2) All are equal before the law.
Article 15 (Exercise and Limitation of Rights)
(1) Human rights and fundamental freedoms shall be exercised directly on the basis of the Constitution.
(2) The manner in which human rights and fundamental freedoms are exercised may be regulated by law whenever the Constitution so provides or where this is necessary due to the particular nature of an individual right or freedom.
(3) Human rights and fundamental freedoms shall be limited only by the rights of others and in such cases as are provided by this Constitution.
(4) Judicial protection of human rights and fundamental freedoms, and the right to obtain redress for the violation of such rights and freedoms, shall be guaranteed.
(5) No human right or fundamental freedom regulated by legal acts in force in Wales may be restricted on the grounds that this Constitution does not recognise that right or freedom or recognises it to a lesser extent.
Article 16 (Temporary Suspension and Restriction of Rights)
(1) Human rights and fundamental freedoms provided by this Constitution may exceptionally be temporarily suspended or restricted during a war and state of emergency. Human rights and fundamental freedoms may be suspended or restricted only for the duration of the war or state of emergency, but only to the extent required by such circumstances and inasmuch as the measures adopted do not create inequality based solely on race, national origin, gender, sexual orientation, sex, language, religion, political or other conviction, material standing, birth, education, social status or any other personal circumstance.
(2) The provision of the preceding paragraph does not allow any temporary suspension or restriction of the rights provided by Articles 17, 18, 21, 27, 28, 29 and 41.
Article 17 (Inviolability of Human Life)
Human life is inviolable. There is no capital punishment in Wales.
Article 18 (Prohibition of Torture)
No one may be subjected to torture, inhuman or degrading punishment or treatment. The conducting of medical or other scientific experiments on any person without their free consent is prohibited.
Article 19 (Protection of Personal Liberty)
(1) Everyone has the right to personal liberty.
(2) No one may be deprived of their liberty except in such cases and pursuant to such procedures as are provided by law.
(3) Anyone deprived of their liberty must be immediately informed in their mother tongue, or in a language which they understand, of the reasons for being deprived of their liberty. Within the shortest possible time thereafter, they must also be informed in writing of why they have been deprived of their liberty. They must be instructed immediately that they are not obliged to make any statement, that they have the right to immediate legal representation of their own free choice and that the competent authority must, on their request, notify their relatives or those close to them of the deprivation of their liberty.
Article 20 (Orders for and Duration of Detention)
(1) A person reasonably suspected of having committed a criminal offense may be arrested and detained when this is absolutely necessary for the course of criminal proceedings or for reasons of public safety.
(2) Upon detention, but not later than twenty-four hours thereafter, the person detained must be handed the written order with a statement of reasons. The person detained has the right to appeal against the order, and such appeal must be decided by a court within forty-eight hours. Detention may last only as long as there are legal reasons for such, but no longer than one month from the day of the deprivation of liberty. The Supreme Court may extend the detention a further three months.
(3) If no charges are brought by the end of these terms, the suspected person shall be released.
Article 21 (Protection of Human Personality and Dignity)
(1) Respect for human personality and dignity shall be guaranteed in criminal and in all other legal proceedings, as well as during the deprivation of liberty and enforcement of punitive sanctions.
(2) Violence of any form on any person whose liberty has been restricted in any way is prohibited, as is the use of any form of coercion in obtaining confessions and statements.
Article 22 (Equal Protection of Rights)
Everyone shall be guaranteed equal protection of rights in any proceeding before a court and before other state authorities, local community authorities and bearers of public authority that decide on his rights, duties or legal interests.
Article 23 (Right to Judicial Protection)
(1) Everyone has the right to have any decision regarding his rights, duties and any charges brought against him made without undue delay by an independent, impartial court constituted by law.
(2) Only a judge duly appointed pursuant to rules previously established by law and by judicial regulations may judge such an individual.
Article 24 (Public Nature of Court Proceedings)
Court hearings shall be public. Judgments shall be pronounced publicly. Exceptions shall be provided by law.
Article 25 (Right to Legal Remedies)
Everyone shall be guaranteed the right to appeal or to any other legal remedy against the decisions of courts and other state authorities, local community authorities and bearers of public authority by which his rights, duties or legal interests are determined.
Article 26 (Right to Compensation)
(1) Everyone has the right to compensation for damage caused through unlawful actions in connection with the performance of any function or other activity by a person or body performing such function or activity under state authority, local community authority or as a bearer of public authority.
(2) Any person suffering damage has the right to demand, in accordance with the law, compensation also directly from the person or body that has caused damage.
Article 27 (Presumption of Innocence)
Any person charged with a criminal offense shall be presumed innocent until found guilty in a final judgment.
Article 28 (Principle of Legality in Criminal Law)
(1) No one may be punished for an act which had not been declared a criminal offense under law, or for which a penalty had not been prescribed, at the time the act was performed.
(2) Acts that are criminal shall be established and the resulting penalties pronounced according to the law that was in force at the time the act was performed, save where a more recent law adopted is more lenient towards the offender.
Article 29 (Legal Guarantees in Criminal Proceedings)
(1) Anyone charged with a criminal offense must, in addition to absolute equality, be guaranteed the following rights:
(2) the right to have adequate time and facilities to prepare their defense;
(3) the right to be present at their trial and to conduct their own defense or to be defended by a legal representative;
(4) the right to present all evidence to their benefit;
(5) the right not to incriminate themselves or their relatives or those close to them, or to admit guilt.
Article 30 (Right to Rehabilitation and Compensation)
Any person unjustly convicted of a criminal offense or deprived of their liberty without due cause has the right to rehabilitation and compensation, and other rights provided by law.
Article 31 (Prohibition of Double Jeopardy)
No one may be sentenced or punished twice for the same criminal offense for which criminal proceedings were dismissed finally, or for which the charge was finally rejected, or for which the person was acquitted or convicted by final judgment.
Article 32 (Freedom of Movement)
(1) Everyone has the right to freedom of movement, to choose their place of residence, to leave the country and to return at any time.
(2) This right may be limited by law, but only where this is necessary to ensure the course of criminal proceedings, to prevent the spread of infectious diseases, to protect public order or if the defense of the state so demands.
(3) Entry into the country by aliens, and the duration of their stay in the country, may be limited on the basis of law.
Article 33 (Right to Private Property and Inheritance)
The right to private property and inheritance shall be guaranteed and regulated by law.
Article 34 (Right to Personal Dignity and Safety)
Everyone has the right to personal dignity and safety.
Article 35 (Protection of Rights to Privacy and Personality Rights)
The inviolability of the physical and mental integrity of every person, their privacy and personality rights shall be guaranteed.
Article 36 (Inviolability of Dwellings)
(1) Dwellings are inviolable.
(2) No one may, without a court order, enter the dwelling or other premises of another person, nor may he search the same, against the will of the resident.
(3) Any person whose dwelling or other premises are searched has the right to be present or to have a representative present.
(4) Such a search may only be conducted in the presence of two witnesses.
(5) Subject to conditions provided by law, an official may enter the dwelling or other premises of another person without a court order, and may in exceptional circumstances conduct a search in the absence of witnesses, where this is absolutely necessary for the direct apprehension of a person who has committed a criminal offence or to protect people or property.
Article 37 (Protection of the Privacy of Correspondence and Other Means of Communication)
(1) The privacy of correspondence and other means of communication shall be guaranteed.
(2) Only a law may prescribe that on the basis of a court order the protection of the privacy of correspondence and other means of communication and the inviolability of personal privacy be suspended for a set time where such is necessary for the institution or course of criminal proceedings or for reasons of national security.
Article 38 (Protection of Personal Data)
(1) The protection of personal data shall be guaranteed. The use of personal data contrary to the purpose for which it was collected is prohibited.
(2) The collection, processing, designated use, supervision and protection of the confidentiality of personal data shall be provided by law.
(3) Everyone has the right of access to the collected personal data that relates to them and the right to judicial protection in the event of any abuse of such data.
Article 39 (Freedom of Expression)
(1) Freedom of expression of thought, freedom of speech and public appearance, of the press and other forms of public communication and expression shall be guaranteed. Everyone may freely collect, receive and disseminate information and opinions.
(2) Except in such cases as are provided by law, everyone has the right to obtain information of a public nature in which he has a well founded legal interest under law.
(3) Freedom of expression does not permit
the dissemination of material designed to incite hatred or violence
of, or against, any individual or group, based on their actual or
perceived race, national origin, gender, sexual orientation, sex,
language, religion, political or other conviction, material
standing, birth, education or social status.
Article 40 (Right to Correction and Reply)
The right to correct published information which has damaged a right or interest of an individual, organisation or body shall be guaranteed, as shall be the right to reply to such published information.
Article 41 (Freedom of Conscience)
(1) Religious and other beliefs may be freely professed in private and public life.
(2) No one shall be obliged to declare their religious or other beliefs.
(3) Parents have the right to provide their children with a religious and moral upbringing in accordance with their beliefs. The religious and moral guidance given to children must be appropriate to their age and maturity, and be consistent with the child’s free conscience and religious and other beliefs or convictions.
(4) Children have a right to decline the
religious and moral tenants of their parents and to form their own
Article 42 (Right of Assembly and Association)
(1) The right of peaceful assembly and public meeting shall be guaranteed.
(2) Everyone has the right to freedom of association with others.
(3) Legal restrictions of these rights shall be permissible where so required for national security or public safety and for protection against the spread of infectious diseases.
(4) Professional members of the defence forces, the police or the judiciary (other than the lay magistracy) may not be members of political parties.
Article 43 (Right to Vote)
(1) The right to vote shall be universal and equal.
(2) Every citizen who has attained the age of sixteen years has the right to vote. The right to vote can be removed from persons subject to imprisonment of over 2 years.
(3) The law may provide in which cases and under what conditions aliens have the right to vote.
(4) The law shall provide the measures for encouraging the equal opportunity of men and women in standing for election to state authorities and local community authorities.
Article 44 (Participation in the Management of Public Affairs)
Every citizen has the right, in accordance with the law, to participate either directly or through elected representatives in the management of public affairs.
Article 45 (Right to Petition)
Every citizen has the right to file petitions and to pursue other initiatives of general significance.
Article 46 (Right to Conscientious Objection)
Conscientious objection shall be permissible in cases provided by law where this does not limit the rights and freedoms of others.
Article 47 (Extradition)
(1) No citizen or resident of Wales may be extradited or surrendered unless such obligation to extradite or surrender arises from a treaty by which, in accordance with the provisions of the first paragraph of Article 3a, Wales has transferred the exercise of part of its sovereign rights to an international organisation.
(2) not withstanding
47(1) No one shall be extradited or surrendered to another
jurisdiction unless they have committed an offence that would be an
offence in Wales.
Article 48 (Asylum)
Within the limits of the law and international treaty, the right of asylum shall be recognised for foreign nationals and stateless persons who are subject to persecution for their commitment to human rights and fundamental freedoms.
Article 49 (Freedom of Work)
(1) Freedom of work shall be guaranteed.
(2) Everyone shall choose their employment freely.
(3) Everyone shall have access under equal conditions to any position of employment.
(4) Forced labour shall be prohibited.
Article 50 (Right to Social Security)
(1) Citizens have the right to social security, including the right to a pension, under conditions provided by law.
(2) The state shall regulate compulsory health, pension, disability and other social insurance, and shall ensure its proper functioning.
(3) Special protection in accordance with the law shall be guaranteed to war veterans and victims of war.
Article 51 (Right to Health Care)
(1) Everyone has the right to health care under conditions provided by law.
(2) The rights to health care from public funds shall be provided by law.
(3) No one may be compelled to undergo medical treatment except in cases provided by law.
Article 52 (Rights of Persons with Disabilities)
(1) Persons with disabilities shall be guaranteed protection in accordance with the law.
(2) Physically or mentally disabled children and other severely disabled persons have the right to education and training for an active life in society.
(3) The education and training referred to in the preceding paragraph shall be financed from public funds.
Article 53 (Marriage and the Family)
(1) Marriage is based on the equality of spouses. Marriages shall be solemnised before an empowered state authority.
(2) Marriage and the legal relations within it and the family, as well as those within an extramarital union, shall be regulated by law.
(3) The state shall protect the family, motherhood, fatherhood, children and young people and shall create the necessary conditions for such protection.
Article 54 (Rights and Duties of Parents)
(1) Parents have the right and duty to maintain, educate and raise their children. This right and duty may be revoked or restricted only for such reasons as are provided by law in order to protect the child's interests.
(2) Children born out of wedlock have the same rights as children born within it.
Article 55 (Freedom of Choice in Childbearing)
(1) Everyone shall be free to decide whether to bear children.
(2) The state shall guarantee the opportunities for exercising this freedom and shall create such conditions as will enable parents to decide to bear children.
Article 56 (Rights of Children)
(1) Children shall enjoy special protection and care. Children shall enjoy human rights and fundamental freedoms consistent with their age and maturity.
(2) Children shall be guaranteed special protection from economic, social, physical, mental or other exploitation and abuse. Such protection shall be regulated by law.
(3) Children and minors who are not cared for by their parents, who have no parents or who are without proper family care shall enjoy the special protection of the state. Their position shall be regulated by law.
Article 57 (Education and Schooling)
(1) Freedom of education shall be guaranteed.
(2) Primary and Secondary education is compulsory and shall be financed from public funds.
(3) The state shall create the opportunities for citizens to obtain a proper education.
Article 58 (Autonomy of Universities and Other Institutions of Higher Education)
(1) State universities and state institutions of higher education shall be autonomous.
(2) The manner of their financing shall be regulated by law.
Article 59 (Freedom of Science and the Arts)
The freedom of scientific and artistic endeavour shall be guaranteed.
Article 60 (Intellectual Property Rights)
The protection of copyright and other rights deriving from artistic, scientific, research and invention activities shall be guaranteed.
Article 61 (Expression of National Affiliation)
Everyone has the right to freely express affiliation with their nation or national community, to foster and give expression to their culture and to use their language and script.
Article 62 (Right to Use One's Language)
(1)Wales is a bilingual Nation. Everyone has the right to use either Welsh or English in a manner provided by law in the exercise of their rights and duties and in procedures before state and other bodies performing a public function.
(2)Small Public bodies where or no or few members or employees speak one of the National Languages of Wales are guaranteed funding to help them in fulfilling their obligations to both National Language communities.
(3) All children have the right to be educated so that they can benefit from the access to both Welsh and English Language culture. The state and local education authorities have an obligation to strive to provide education to all so that everyone has the opportunity to speak both Welsh and English.
Article 63 (Rights of Minority Language Users)
The rights of minority language users
shall be protected by law, this includes the rights of minority
languages spoken by the ethnic minorities in Wales and speakers of
other languages such as British Sign Language. Such protection and
support shall be regulated by law.
Article 64 (Prohibition of Incitement to Discrimination and Intolerance and Prohibition of Incitement to Violence and War)
(1) Any incitement to discrimination based on ethnicity, sexuality, gender, language, disability, and the inflaming of national, racial, religious, linguistic or other hatred and intolerance are unconstitutional.
(2) Any incitement to violence and war is unconstitutional.
Article 65 (Status and Rights of the Roma and Traveling Communities in Wales)
The status and rights of the Roma and Traveling Communities living in Wales shall be protected and regulated by law.
Article 66 (Security of Employment)
The state shall create opportunities for employment and work, and shall ensure the protection of both by law.
Article 67 (Property)
(1) The manner in which property is acquired and enjoyed shall be established by law so as to ensure its economic, social and environmental function.
(2) The manner and conditions of inheritance shall be established by law.
Article 68 (Property Rights of Aliens)
Aliens may acquire ownership rights to real estate under conditions provided by law or a treaty ratified by the National Assembly.
Article 69 (Expropriation)
Ownership rights to real estate may be revoked or limited in the public interest with the provision of compensation in kind or monetary compensation under conditions established by law.
Article 70 (National Assets and Natural Resources)
(1) Special rights to use national assets may be acquired, subject to conditions established by law.
(2) The conditions under which natural resources may be exploited shall be established by law.
(3) The law may provide that natural resources may also be exploited by foreign persons and shall establish the conditions for such exploitation.
Article 71 (Protection of Land)
(1) The law shall establish special conditions for land utilisation in order to ensure its proper use.
(2) Special protection of agricultural land shall be provided by law.
(3) The state shall promote the economic, cultural and social advancement of the population living in mountain and hill areas.
Article 72 (Healthy Living Environment)
(1) Everyone has the right in accordance with the law to a healthy living environment.
(2) The state shall promote a healthy living environment. To this end, the conditions and manner in which economic and other activities are pursued shall be established by law.
(3) The law shall establish under which conditions and to what extent a person who has damaged the living environment is obliged to provide compensation.
(4) The protection of animals from cruelty shall be regulated by law.
Article 73 (Protection of Natural and Cultural Heritage)
(1) Everyone is obliged in accordance with the law to protect natural sites of special interest, rarities and cultural monuments.
(2) The state and local communities shall promote the preservation of the natural and cultural heritage.
(3) The diversity of plant and animal
species will be maintained and the state has an obligation to
safeguard the genetic diversity of the biota of Wales and foster the
ecology of Wales.
Article 74 (Free and Social Enterprise)
(1) Free economic initiative shall be guaranteed.
(2) The conditions for establishing commercial organisations shall be established by law. Commercial activities may not be pursued in a manner contrary to the public interest.
(3) Unfair competition practices and practices which restrict competition in a manner contrary to the law are prohibited.
Article 75 (Participation in Management)
Employees shall participate in the management of commercial organisations and institutions in a manner and under conditions provided by law.
Article 76 (Freedom of Trade Unions)
The freedom to establish, operate and join trade unions shall be guaranteed.
Article 77 (Right to Strike)
(1) Employees have the right to strike.
(2) Where required by the public interest, the right to strike may be restricted by law, with due consideration given to the type and nature of activity involved.
Article 78 (Proper Housing)
The state shall create opportunities for citizens to obtain proper housing.
Article 79 (Aliens Employed in Wales)
Aliens employed in Wales and members of their families have special rights provided by law.
Article 80 (Chambers of the Senedd of Wales)
(1) There shall be two chambers, The National Assembly of Wales and the National Council of Wales, which together with the President of Wales will form the Senedd of Wales.
Article 81 (Function of the National Assembly)
The National Assembly:
-- propose the passing of laws; Laws may be proposed by the Government or by any National Assembly member or Committee of the National Assembly.
-- Elect the Prime Minister designate
-- Hold the government collectively and individual ministers and cabinet secretaries to account
-- Pass an annual budget, approve appropriations and government expenditure
-- Nominate individuals to office as stipulated in the constitution
-- Appoint commissions of enquiry
-- debate all issues of interests
-- approve treaties
-- all other functions incumbent on a National representative body.
(2) Assembly Members are elected by universal, equal, direct and secret voting.
(3) Assembly Members, are elected according to the principle of proportional representation. The first election after independence for the National Assembly shall be carried out by the Single Transferable Vote electoral system from Multi-Member Constituencies. The constituencies shall vary in size but will (within a 10% variance) contain the same number of constituents per elected representative.
The electoral system shall be regulated by a law passed by the
National Assembly by an absolute majority vote of Assembly Members
and ratified by an absolute majority of members of the National
Council. The National Council veto can not be over ridden.
Article 83 (Term of the National Assembly)
(1) The National Assembly is elected for four years, the term to be counted from the date of the dissolution of the previous Assembly.
(2) If the term of the National Assembly expires during a war or state of emergency, its term shall expire six months after the end of the war or state of emergency, or earlier if the National Assembly itself so decides.
(3) Elections to the National Assembly are called by the President of the Republic. When the National Assembly is dissolved, a new National Assembly shall be elected no later than two months after the dissolution of the previous one. The first session of the new National Assembly, which shall be called by the President of the Republic no later than twenty days after the election of the new National Assembly.
The National Assembly, by a vote of two thirds of its membership may
dissolve its self before the end of its normal term of office.
Article 84 (Assembly Members)
(1) Members of the National Assembly are representatives of all the people and shall not be bound by any instructions.
(2) The law shall establish who may not be elected an Assembly Member, and the incompatibility of the office of Assembly Member with other offices and activities.
The National Assembly confirms the
election of Assembly Members. An appeal may be made before the
Supreme Court, in accordance with the law, against a decision of the
Article 85 (Immunity of Assembly Members)
(1) No member of the National Assembly shall be criminally liable for any opinion expressed or vote cast at sessions of the National Assembly or its working bodies.
(2) No Assembly Member may be detained nor, where such Assembly Member claims immunity, may criminal proceedings be initiated against them without the permission of the National Assembly, except where such Assembly Member has been apprehended committing a criminal offense for which a prison sentence of over five years is prescribed.
(3) The National Assembly may also grant immunity to an Assembly Member who has not claimed such immunity or who has been apprehended committing such criminal offense as referred to in the preceding paragraph.
Article 86 (Presiding Officer of the National Assembly)
(1)The National Assembly has a Presiding Officer, who is elected by a majority vote of all Assembly Member in a secret ballot.
numbers and method of election of deputies to the Presiding Officer
of the National Assembly will be regulated by the standing orders of
the National Assembly.
Article 87 (Sessions of the National Assembly)
(1) The National Assembly meets in regular and extraordinary sessions.
(2) Regular and extraordinary sessions are called by the Presiding Officer of the National Assembly; an extraordinary session must be called if so required by at least a quarter of the members of the National Assembly or by the President of the Republic.
Article 88 (Decision-making)
The National Assembly adopts laws and other decisions by a majority of votes cast by those Assembly Members present, save where a different type of majority is provided by the Constitution or by law.
Article 89 (Legislative Power of the National Assembly)
The rights and duties of citizens and other persons may be determined by the National Assembly only by law.
Article 90 (Legislative Initiative)
Laws may be proposed by the Government or by any Assembly Member or Committee of the National Assembly. Laws may also be proposed by at least twenty thousand voters.
Article 91 (Legislative Procedure)
The National Assembly shall pass laws in a multi stage procedure unless otherwise provided by its rules of procedure and standing orders.
Article 92 (Legislative Referendum)
(1) The National Assembly may call a referendum on any issue which is the subject of regulation by law. The National Assembly is bound by the result of such referendum.
(2) The right to vote in a referendum is held by all citizens who are eligible to vote in elections.
(3) A proposal is passed in a referendum if a majority of those voting have cast votes in favour of the same.
(4) Referendums are regulated by a law passed in the National Assembly by a two-thirds majority vote of deputies present and with the consent of an absolute majority of the members of the National Council.
Article 93 (Promulgation of Laws)
(1) Laws are promulgated by the President of the Republic no later than eight days after they have been passed, unless the President has referred the law to the Supreme Court for a ruling on the law, or part of the law's constitutionality.
Article 94 (War and State of Emergency)
(1) A state of emergency shall be declared whenever a great and general danger threatens the state. The declaration of war or state of emergency, urgent measures and their repeal shall be decided upon by the National Assembly on the proposal of the Government.
(2) The National Assembly decides on the use of the defense forces.
(3) In the event that the National Assembly is unable to convene, the President of the Republic shall decide on matters from the first and second paragraphs of this article. Such decisions must be submitted for confirmation to the National Assembly immediately upon it next convening.
(4)A Local Government Unit, or a person so empowered by that Local Government Unit, may request a local state of emergency, in cases of extreme local urgency. Such requests will be promulgated by the President of the Republic and will be ratified at the next session of the National Assembly.
(5) Laws regulating local and national emergencies shall be passed by a two thirds majority of the members of the National Assembly and approved by a majority of members of the National Council.
Article 95 (Parliamentary Inquiry)
The National Assembly may order inquiries on matters of public importance, and it must do so when required by a half of the members of the National Assembly. For this purpose it shall appoint a commission which in matters of investigation and examination has powers comparable to those of judicial authorities.
Article 96 (Rules of Procedure of the National Assembly)
(1)The National Assembly has rules of procedure which it shall adopt by a two-thirds majority vote of members present.
Amendments and the temporary suspension of the rules of procedure
shall be approved by a two-thirds majority vote of members
Article 97 (Remuneration of Deputies)
Deputies of the National Assembly receive such salary or remuneration as are established by law.
-- two members appointed by the First Secretary of each Talaith (Region) of Wales
six members elected by each Talaith electoral college.
-- five members representing minority groups unrepresented elsewhere in the Senedd, appointed by the President.
– Former Presidents of Wales
The appointment of representative members to the National Council shall be regulated by law, the law requires the approval of an absolute majority of members of the National Council and a two thirds majority of members present and voting of the National Assembly.
Talaith Electoral College
-- Each of the five Talaith of Wales shall hold elections for six representatives each to the the National Council. The Talaith electoral college shall consist of:
I) Elected members of the Talaith Assembly
ii) Elected members of the principal local councils in that Talaith
The National Councilors will be elected by Single Transferable Vote.
The election of regional representatives to the National Council shall be regulated by law, the law requires the approval of an absolute majority of members of the National Council and a two thirds majority of members present and voting of the National Assembly.
former Presidents of the Republic are ex officio members of the
National Council, where they will have a voice but no vote, and
their membership will not count towards a majority or super majority
of the National Council.
Article 99 (Powers of the National Council)
(1) The National Council may:
-- propose to the National Assembly the passing of laws; Laws may be proposed by the Government or by any National Council member or Committee of the National Council.
-- convey to the National Assembly its opinion on all matters within the competence of the National Assembly;
-- require the National Assembly to decide again on a given law prior to its promulgation;
-- require the calling of a referendum as referred to in the second paragraph of Article 90;
-- require inquiries on matters of public importance as referred to in Article 93.
(2) Where required by the National Assembly, the National Council must express its opinion on an individual matter.
100 (Suspending Veto)
(1) In the event of a disagreement between the National Council and the National Assembly for Wales over the text of any proposed law a conference committee of equal members from each chamber will be appointed by their respective presiding officers to strive to reach consensus. If no consensus can be agreed between the two chambers then the text approved by the National Assembly, by an absolute majority, becomes the final text of the proposed law. The National Council can refuse to ratify the law, but unless otherwise specified in the constitution, three months after the final rejection of the proposed law by the National Council the National Assembly by an absolute majority of its members will pass the law.
(2) If the Presiding Officer of the National Assembly certifies that any proposed law is a "Money Bill" then the suspensory veto of the National Council will be restricted to one month.
(3) Secondary legislation, executive orders and other non primary legislation can be vetoed by the National Council, but that veto can be over ridden by the National Assembly by a vote supported by an absolute majority of its members; unless provided for elsewhere in the constitution.
Article 101 (Election)
(1) The National Council will be dissolved at the same time as the dissolution of the National Assembly.
(2) Ordinarily members of the National Council are elected for a term of four years.
(3) In the event of death, resignation or
disqualification of a member of the National Council a replacement
will be appointed by the President of the Republic in accordance
with the laws governing the election and appointment of members of
the National Council.
Article 102 (Decision-making)
(1) The National Council decides by a majority of votes cast by those members present unless stipulated elsewhere in the constitution.
Article 103 (Immunity and Incompatibility of Office)
(1) A member of the National Council may not at the same time be a member of the National Assembly.
(2) Members of the National Council enjoy the same immunity as members of the National Assembly. Immunity is decided upon by the National Council.
Article 104 (Convenor of the National Council)
(1)The National Council has a Convenor who is elected by a majority vote of all National Council Member in a secret ballot.
(2) The numbers and method of election of deputies to the Convenor of the National Council will be regulated by the standing orders of the National Council
(3) The Convenor of the National Council will act as that body’s presiding officer.
105 (Sessions of the National Council)
(1) The National Council meets in regular and extraordinary sessions.
(2) Regular and extraordinary sessions are called by the Convenor of the National Council; an extraordinary session must be called if so required by at least a quarter of the members of the National Council or by the President of the Republic.
Article 106 (Rules and Procedures)
(1)The meetings and procedures of the National Council are governed by standing orders approved by the National Council.
(2)Standing orders and amendments or the temporary suspension of standing orders will be approved by two thirds of the members of the National Council voting.
[Section] C President of the Republic
Article 107 (Office of President of the Republic)
(1) The President of the Republic represents the Republic of Wales, is the guardian of its constitution and is commander-in-chief of its defense forces.
The President of the Republic is above party politics and belongs to
no factions or party.
Article 108 (Election of the President of the Republic)
(1) The President of the Republic is elected by secret ballot.
(2) Candidates for President must secure the nominations of either 5 members of the National Assembly and two members of the National Council or at least the nomination of 5 community councils from each electoral region for the National Council. Or alternatively the Nomination of at least 30,000 members of the public who are on the electoral roll for the National Assembly.
(2) President is elected by a two thirds majority, in a secret ballot, of a joint sitting of both Houses of the Senedd. The Joint Session is presided over by the Presiding Officer of the National Assembly, or in their absence by the Convenor of the National Council. The normally non voting members of the National Council will have a vote in the election of the President of the Republic.
(3) If no candidate secures a two thirds majority after 5 ballots the two top placed candidates will be subjected to a ballot where an absolute majority of all members of the electoral college will suffice.
(4) In the event that no absolute majority can be obtained and the Convenor of the National Council and the Presiding Officer of the National Assembly declare a deadlock then the election will go to a secret ballot of the electorate. Nominations will be reopened and the vote will be conducted by the Alternative Vote system. The electorate will consist of all members of the public on the electoral roll for the National Assembly. The candidate who secures a majority of the votes or transferred votes of the is elected as the President of the Republic..
President of the Republic is elected for a term of six years and may
be elected for a maximum of two consecutive terms. If the term of
office of the President of the Republic expires during a war or
state of emergency, the President's term shall expire six months
after the cessation of such war or state of emergency.
(7) Only a citizen of Wales may be elected President of the Republic.
(8) Elections to the office of President of the Republic are called by the Presiding Officer of the National Assembly. The President of the Republic must be elected no later than three months and no sooner than one month before the expiry of the term of the incumbent President.
Article 109 (Oath of Office of the President of the Republic)
Before taking office, the President of the Republic shall swear or affirm the following oath before the National Assembly:
"I swear that I shall uphold the constitutional order, that I shall act according to my conscience and that I shall do all in my power for the good of Wales."
"I affirm that I shall uphold the
constitutional order, that I shall act according to my conscience
and that I shall do all in my power for the good of Wales."
Article 110 (Incompatibility of the Office of President of the Republic)
The office of President of the Republic is incompatible with any other public office or occupation.
Article 111 (Deputising for the President of the Republic)
(1) In the event of illness, incapacity, the death, resignation or other cessation of performance of the office of President, a Presidential Commission, comprising the Presiding Officer of the National Assembly, the Convenor of the National Council and the Chief Justice of the Supreme Court shall temporarily perform the duties of the office of President of the Republic until the election of a new President of the Republic, or until such time as the President is able to re assume their duties. In such event of death, disqualification, resignation or permanent incapacity of the president, elections for a new President of the Republic must be called no later than fifteen days after the cessation of office of the previous President of the Republic.
(2) The President Commission also temporarily performs the duties of the office of President of the Republic during any absence of the President of the Republic.
Article 112 (Powers of the President of the Republic)
The President of the Republic:
-- calls elections to the National Assembly;
-- promulgates laws and counter signs executive acts of government ministers;
-- appoints state officials where provided by law;
-- appoints and recalls ambassadors and envoys of the Republic, and accepts the letters of credence of foreign diplomatic representatives;
-- issues instruments of ratification;
-- decides on the granting of clemency;
-- confers decorations and honorary titles;
-- performs other duties determined by this Constitution;
- - appoints members of the Presidential Council
Article 113 (Decrees with the Force of Law)
(1) In the event that the National Assembly is unable to convene due to a state of emergency or war, the President of the Republic may, on the proposal of the Government, issue decrees with the force of law.
(2) Such decrees may, in exception, restrict individual rights and fundamental freedoms as provided by Article 16 of this Constitution.
(3) The President of the Republic must submit decrees with the force of law to the National Assembly for confirmation immediately upon it next convening.
Article 114 (Accountability of the President of the Republic)
If in the performance of his office the President of the Republic violates the Constitution or seriously violates the law, he may be impeached by the National Assembly before the Supreme Court. A resolution of impeachment once passed by the National Assembly must be ratified by the National Council. The Supreme Court shall decide either that the impeachment charges are justified or it shall dismiss the charges, and it may further decide on relieving the President of office by a two-thirds majority vote of all judges. Upon receiving a resolution on impeachment from the National Assembly, the Supreme Court may decide that pending a decision on impeachment the President of the Republic may not perform their office.
[Section] D Presidential Council
Article 115 (Duties of the Presidential Council)
(1) The President shall be advised in the course of their duties by the Presidential Council.
(2) The President is not bound by their advice.
(3) The President will consult with the council on any matter pertaining to their duties as stipulated in the constitution and may seek their advice where not stipulated.
Article 116 (Membership of the Presidential Council)
(1) The Prime Minister and the leaders of each recognised parliamentary group in the Senedd are ex officio members, as are the presiding officers of both chambers of the Senedd and the Chief Justice.
(2) The President may appoint an additional 10 members to the Council.
(3) Appointed members can be dismissed by the President and cease membership at the start of a new presidential term of office.
[Section] D Electoral Commission
Article 117 (Duties of the Electoral Commission)
(1) Elections to all state bodies will be supervised by the Electoral Commission as directed by law.
(2) Boundaries and numbers of elected members from each electoral division of the National Assembly will be decided by the Electoral Commission. The National Assembly can accept or reject the Commission report but will not be able to amend it.
(3) The Electoral Commission will regulate the boundaries of the regions. All amendments will be subject to ratification by the National Assembly, which will not be able to amend the proposals.
(4) The boundaries of regional and local government electoral areas, the numbers elected to that area, and the boundaries of regional and local government areas will be proposed by the Electoral Commission, subject to ratification by the National Assembly, which will not be able to amend the proposals.
members of the Electoral Commission will be nominated by the
President on the advice of the Presidential Council and ratified by
the National Assembly. The activities of the Commission will be
regulated by law. The recommendations of the Electoral Commission
will be subject to a confirmatory vote of the National Assembly for
Wales, which will have the power to accept or reject but not amend
proposals submitted by the Commission.
Article 118 (Composition of the Government)
The Government is composed of the Prime Ministers, Cabinet Secretaries, Ministers and the Law officers. Within the scope of their powers, the Government and individual ministers are independent and accountable to the National Assembly.
Article 119 (Election of the Prime Ministers of the Government)
(1) After consultation with the leaders of parliamentary groups the Presiding Officer of the National Assembly will invite nominations for the election of the Prime Minister from their own membership.
(2) The Prime Minister designate is elected by the National Assembly by a majority vote of all deputies present and voting.
(3) If no candidate is elected within 28 days of the initial ballot, the President of the Republic dissolves the National Assembly and calls new elections.
(4) The Prime Minister is formally appointed to office by the President of the Republic.
A Prime Minister must resign if they lose a vote of no
Article 120 (Appointment of Ministers)
(1) Cabinet Secretaries, Ministers and Law Officers are appointed and dismissed by the Prime Minister. They must be members of the National Assembly or of the National Council.
(2) Cabinet Secretaries, Ministers and Law Officers can be dismissed by the National Assembly on a vote of No Confidence.
(3) The total size of the Ministry
(Cabinet, Ministers and Law officers) will not exceed 1/4 of the
size of the National Assembly.
Article 121 (Oath of Office of the Government)
Upon election and appointment respectively, members of the Government of Wales and before the National Assembly – or the National Council if they are members of the National Council – will take the oath of office as provided by Article 109.
Article 122 (Organisation of the Government)
(1) Prime Minister is responsible for ensuring the unity of the political and administrative direction of the Government and coordinates the work of ministers. Ministers are collectively accountable for the work of the Government, and each minister is accountable for the work of their ministry.
(2) The composition and functioning of the Government, and the number, competencies and organisation of ministries shall be regulated by law.
Article 123 (Termination of Office of the Prime Minister and Members of the Government)
The Prime Minister members of the government cease to hold office when a new National Assembly convenes following elections; ministers also cease to hold office whenever the Prime Minister ceases to hold office and whenever such ministers are dismissed or resign; ministers must, however, continue to perform their regular duties until the election of a new Prime Minister or until the appointment of new ministers.
Article 124 (Organisation and Work of the Civil Service)
(1) The organisation of the Civil Service, its competence and the manner of appointment of its officers are regulated by law.
(2) Administrative bodies perform their work independently within the framework and on the basis of the Constitution and laws.
(3) Judicial protection of the rights and legal interests of citizens and organisations is guaranteed against decisions and actions of administrative bodies and bearers of public authority.
Article 125 (Employment in the Civil Service)
Employment in the Civil Service is possible only on the basis of open competition, except in cases provided by law.
Article 126 (Independence of Judges)
Judges shall be independent in the performance of the judicial function. They shall be bound by the Constitution and laws.
Article 127 (Organisation and Jurisdiction of Courts and Tribunals)
(1) The organisation and jurisdiction of courts are determined by law.
The magistrate courts – headed by a District Judge and assisted by lay magistrates will be the court of first instance in criminal cases. They will decide if the matter should be dealt with by them or referred upwards to the High Court (Criminal Division) for trial. Appeal from the High Court is to the Court of Appeal and from there to the Supreme Court as the courts of final instance.
Civil cases are to be heard in the first instance by the County Court, or referred to the High Court (Civil Division) and appeal to the Court of Appeal and the final instance to the Supreme Court.
There will also be established a system of Family Courts to deal with matters pertinent to inheritance wardship and marriage.
Specialist Tribunals shall also be established by law.
(2) Extraordinary courts may not be established, nor may military courts be established in peacetime.
(3) Members of the lay magistracy are
excluded from the disabilities from membership of political parties
or elective office. They are appointed by the President on the
recommendation of the Minister for Justice.
Article 128 (Participation of Citizens in the Exercising of Judicial Power)
The circumstances and form of the direct participation of citizens in the exercising of judicial power as part of the jury system are regulated by law.
Article 129 (Permanence of Judicial Office)
(1) The office of a judge is permanent. The age requirement and other conditions for election are determined by law.
(2) The retirement age of judges is determined by law.
Article 130 (Appointment of
Judges are appointed by the President of the Republic on the proposal of the Judicial Council.
Article 131 (Judicial Council)
The Judicial Council is composed of eleven members. The National Assembly elects five members on the proposal of the President of the Republic from among university professors of law, attorneys and other lawyers, whereas judges holding permanent judicial office elect six members from among their own number. The members of the council select a president from among their own number.
Article 132 (Termination of and Dismissal from Judicial Office)
(1) A judge ceases to hold judicial office where circumstances arise as provided by law.
(2) If in the performance of the judicial office a judge violates the Constitution or seriously violates the law, the Senedd in Joint Session may dismiss such judge on the proposal of the Judicial Council by a two thirds majority of members present and voting.
(3) If a judge is found by a final judgment to have deliberately committed a criminal offense through the abuse of the judicial office, the Senedd in Joint Session dismisses such judge by a two thirds majority of members present and voting.
Article 133 (Incompatibility of Judicial Office)
Judicial office is not compatible with office in other state bodies, in local self-government bodies and in bodies of political parties, and with other offices and activities as provided by law.
Article 134 (Immunity of Judges)
(1) No one who participates in making judicial decisions may be held accountable for an opinion expressed during decision-making in court.
(2) If a judge is suspected of a criminal offense in the performance of judicial office, he may not be detained nor may criminal proceedings be initiated against him without the consent of the Judicial Council.
Article 135 (Powers of the Supreme Court)
(1) The Supreme Court decides:
-- on the conformity of laws with the Constitution;
-- on the conformity of laws and other regulations with ratified treaties and with the general principles of international law;
-- on the conformity of regulations with the Constitution and with laws;
-- on the conformity of local community regulations with the Constitution and with laws;
-- on the conformity of general acts issued for the exercise of public authority with the Constitution, laws and regulations;
-- on constitutional complaints stemming from the violation of human rights and fundamental freedoms by individual acts;
-- on jurisdictional disputes between the state and local communities and among local communities themselves;
-- on jurisdictional disputes between courts and other state authorities;
-- on jurisdictional disputes between the National Assembly, the President of the Republic and the Government;
-- on the unconstitutionality of the acts and activities of political parties;
– acts as the final court of appeal from all other courts and;
-- on other matters vested in the Supreme
Court by this Constitution or laws.
(2) In the process of ratifying a treaty, the Supreme Court, on the proposal of the President of the Republic, the Government or a third of the deputies of the National Assembly, issues an opinion on the conformity of such treaty with the Constitution. The National Assembly is bound by the opinion of the Supreme Court.
(3) Unless otherwise provided by law, the Supreme Court decides on a constitutional complaint only if legal remedies have been exhausted. The Supreme Court decides whether to accept a constitutional complaint for adjudication on the basis of criteria and procedures provided by law.
Article 136 (Abrogation of a Law)
(1) If the Supreme Court establishes that a law is unconstitutional, it abrogates such law in whole or in part. Such abrogation takes effect immediately or within a period of time determined by the Supreme Court. This period of time may not exceed one year. The Supreme Court annuls or abrogates other regulations or general acts that are unconstitutional or contrary to law. Under conditions provided by law, the Supreme Court may, up until a final decision, suspend in whole or in part the implementation of an act whose constitutionality or legality is being reviewed.
(2) If in deciding on a constitutional complaint the Supreme Court establishes the unconstitutionality of a regulation or general act, it may in accordance with the provisions of the first paragraph of this article annul or abrogate such regulation or act.
(3) The legal consequences of Supreme Court decisions shall be regulated by law.
Article 137 (Proceedings before the Supreme Court)
(1) Proceedings before the Supreme Court shall be regulated by law.
(2) The law determines who may require the initiation of proceedings before the Supreme Court. Anyone who demonstrates legal interest may request the initiation of proceedings before the Supreme Court.
(3) The Supreme Court decides by a majority vote of all its judges unless otherwise provided for individual cases by the Constitution or law. The Supreme Court may decide whether to initiate proceedings following a constitutional complaint with fewer judges as provided by law.
Article 138 (Composition and Election)
(1) The Supreme Court is composed of nine judges, elected on the proposal of the President of the Republic by the Judicial Council in a manner provided by law.
(2) The judges are elected from among legal experts.
(3) The President of the Supreme Court is appointed by the President of the Republic from among their number for a term of four years and is eligible to be reappointed for one additional term.
Article 139(Early Termination of Office of a Supreme Court Judge)
A Supreme Court judge may be subject to early termination of office in a manner provided by law only:
-- if the judge himself so requests,
-- if the judge is punished by imprisonment for a criminal offense, or
-- due to permanent loss of capacity to perform his office.
Article 140 (Term of Office of Judges)
(1) Supreme Court judges are elected for a term of nine years. Supreme Court judges may re-elected for a second term only.
(2) Upon the expiry of the term for which a Supreme Court judge has been elected, he continues to perform his office until the election of a new judge.
Article 141 (Incompatibility of Office)
The office of Supreme Court judge is not compatible with office in state bodies, in local self-government bodies and in bodies of political parties, and with other offices and activities that are not compatible by law with the office of Supreme Court judge.
Article 142 (Immunity)
Supreme Court judges enjoy the same immunity as National Assembly deputies. The National Assembly decides on such immunity.
Article 143 (State Prosecutor)
(1) State Prosecutors file and present criminal charges and have other powers provided by law.
(2) The organisation and powers of state prosecutor offices are provided by law.
Article 144 (Incompatibility of the Office of State Prosecutor)
The office of State Prosecutor is not compatible with office in other state bodies, in local self-government bodies and in bodies of political parties, and with other offices and activities as provided by law.
[Section] G National Defense
Article 145 (Participation in the National Defense)
(1) Participation in the national defense is voluntary for citizens within the limits and in the manner provided by law. Conscription is prohibited.
(2) Citizens who for their religious, philosophical or humanitarian convictions are not willing to perform military duties, but wish to contribute to the National Defense must be given the opportunity to participate in the national Defense in some other manner.
Article 146 (National Defense)
(1) The form, extent and organisation of the Defense of the inviolability and integrity of the national territory shall be regulated by a law adopted by the National Assembly by a two-thirds majority vote of deputies present.
(2) The conducting of Defense is supervised by the National Assembly.
(3) In the provision of security the state proceeds principally from a policy of peace, and an ethic of peace and non-aggression.
Article 147 (Exercise of Local Self-Government)
Residents of Wales exercise local self-government in municipalities, regions and other local communities.
Article 148 (Communities)
(1) Communities are self-governing local authorities and form the most local level of local government.
The boundaries of the Communities, and their electoral divisions and
the number of elected members will be subject to periodic review by
the Electoral Commission.
(3) The territory of a Community comprises a settlement or several settlements bound together by the common needs and interests of the residents.
(4) A Community, or by agreement of the residents adjoining Communities, will be represented by an elected Community Council.
(5) the elections, the electoral system, will be stipulated by statute.
(6) In the event that several communities share a single council each community will hold an annual community meeting open to all electors to discuss matters of common concern.
Article 149 (Scope of Local Self-Government)
(1) The competencies of a Community comprise local affairs which may be regulated by the Community autonomously and which affect only the residents of the Community.
(2) The state may by law transfer to Communities the performance of specific duties within the state competence if it also provides financial resources to enable such or powers of taxation to provide financial resources.
(3) State authorities shall supervise the proper and competent performance of work relating to matters vested in the local community bodies by the state.
Article 150 (Community Revenue)
A municipality is financed from its own sources and have such tax raising powers as provided by statute. Communities that are unable to completely provide for the performance of their duties due to insufficient economic development are assured additional funding by the state in accordance with principles and criteria provided by law.
Article 151 (The Talaith - Regional Authorities)
(1)There shall be established 5 regional authorities to administer those functions best performed at a subnational level in accordance with the principle of subsidiarity. They will be based on the three southern cities of Newport, Cardiff and Swansea, and two regions covering West & Mid Wales and The North of Wales. The boundaries to be determined by the Electoral Commission.
(2) Their powers and responsibilities will be determined by Statute but will include the provision and administration of :
Health and social services
Education (including further but not Higher Education)
Transport, including trunk roads but not designated Motorways and Motorway class roads.
Strategic Planning and Economic Development
Fire and Civil Defence
The ambulance service
(3)They will consist of a regional assembly of between 30 and 70 members – depending on population, elected by the single transferable vote from constituencies whose boundaries will be determined by the electoral commission.
(4) Regional elections will be held every 4 years, or sooner if requested by a 2/3 majority of assembly members.
(5) The regional assembly will be responsible for:
- - Appointing the regional commission – the regional cabinet
- - Electing by secret ballot a chair of the Assembly
- - passing local ordinances and statutes
- - approving the regional budget
- - setting local tax levels
- - establishing local commissions of inquiry
- - scrutinising the work of the regional commissions
- - monitoring the work of local government in the region
- - setting general government policy for the region
(6) The working of the regional assemblies will be governed by standing orders passed and amended by a 2/3 majority of members.
(7) Members of regional assemblies will be paid a salary based on a civil service pay grade as determined by local statute and will be given sufficient staff and resources to carry out their duties.
(8) No member of a regional assembly shall be criminally liable for any opinion expressed or vote cast at sessions of a regional assembly or its working bodies.
(9) in accordance with the principles of subsidiarity the Regional Assemblies will be given wide ranging competence to make local statutes and ordnances that have the power of secondary and where permitted by the law primary legislation in an area of competence. The division of powers between National and Regional government is laid out in the Annex to this constitution.
Article 143 (Regional Executive)
(1) The regional assemblies will appoint a First Secretary of the Regional Executive by a majority vote. In the event of the regional assembly being unable to elect a First Secretary by a majority vote within 28 days of election the Chair of the Assembly will call new elections for the region.
(2) The First Secretary will appoint members of the cabinet, to be designated Regional Commissioners, who will form the regional cabinet.
(3) First Secretary and the Cabinet will be drawn from the membership of the regional assembly. The regional cabinet will not exceed ¼ of the members of the regional assembly.
(4) The regional cabinet is deemed to have resigned if a vote of no confidence is passed in the First Secretary.
(5) A regional commissioner can be removed from office by the First Secretary or by a vote of no confidence in that commissioner by the Assembly.
(6) The regional cabinet is responsible for the formulation and implementation of regional government policy and the running of regional departments.
(7) Regional Cabinet members are to be paid an allowance based on a civil service pay grade as determined by local statute.
Article 160 (Other Local Government Bodies)
(1) Local Government bodies may be established between the Community and Regional Government. Their powers, responsibility, structure and finance shall be regulated by Regional statute.
These Local Government bodies boundaries, electoral divisions and
the number of elected members per division will be determined by the
(3) The Regional assemblies may transfers by law the performance of specific duties within the state competence to the Local government bodies, and establish elected bodies to perform such duties given to those local government bodies and must provide to them the necessary financial resources to enable such, and as local tax raising powers as determined by the Regional Assembly.
All elected local bodies will have powers of "general
competence" unless limited by statute.
Article 161 (Self-Government in the Field of Social Activities)
(1) Citizens may form self-governing associations to promote their interests.
(2) Citizens may be given the authority by law to manage through self-government particular matters within the state competence.
Article 162 (Financing of the State, Regional and Local Communities)
(1) The state and local communities raise funds for the performance of their duties by means of taxes and other compulsory charges as well as from revenues from their own assets.
(2) The state, Regional and local communities disclose the value of their assets by means of balance sheets.
Article 163 (Taxes)
The state imposes taxes, customs duties and other charges by law. Local communities impose taxes and other charges under conditions provided by the Constitution and law.
Article 164 (Budgets)
(1) All revenues and expenditures of the state and local communities for the financing of public spending must be included in their budgets.
(2) If a budget has not been adopted by the first day it is due to enter into force, the beneficiaries financed by the budget are temporarily financed in accordance with the previous budget.
Article 165 (State Borrowings)
State borrowings and guarantees by the state for loans are only permitted on the basis of law.
Article 166 (Court of Audit and Auditor General)
(1) The Court of Audit is the highest body for supervising state accounts, the state budget and all public spending.
(2) The organisation and powers of the Court of Audit are provided by law.
(3) The Court of Audit is independent in the performance of its duties and bound by the Constitution and laws.
(4) The Court of Audit will be headed by
an Auditor General, appointed by the President of Wales on the
advice of the Presidential Council.
Article 167 (Appointment of Members to the Court of Audit)
Members of the Court of Audit are appointed by the President of the Republic on the advice of the Presidential Council.
Article 168 (Central Bank)
(1) Wales has a central bank. In its functioning the bank is independent and directly accountable to the National Assembly. The central bank is established by law.
(2) The governor of the central bank is appointed by the President of the Republic on the advice of the Presidential Council.
Article 169 (Conformity of Legal Acts)
(1) Laws, regulations and other general legal acts must be in conformity with the Constitution.
(2) Laws must be in conformity with generally accepted principles of international law and with valid treaties ratified by the National Assembly, whereas regulations and other general legal acts must also be in conformity with other ratified treaties.
(3) Regulations and other general legal acts must be in conformity with the Constitution and laws.
(4) Individual acts and actions of state authorities, local community authorities and bearers of public authority must be based on a law or regulation adopted pursuant to law.
Article 170 (Validity and Publication of Regulations)
(1) Regulations must be published prior to entering into force. A regulation enters into force on the fifteenth day after its publication unless otherwise determined in the regulation itself.
(2) State regulations are published in the official gazette of the state, whereas local community regulations are published in the official publication determined by the local community.
Article 171 (Prohibition of Retroactive Effect of Legal Acts)
(1) Laws and other regulations and general legal acts cannot have retroactive effect.
(2) Only a law may establish that certain of its provisions have retroactive effect, if this is required in the public interest and provided that no acquired rights are infringed thereby.
Article 172 (Constitutional Review)
If a court deciding some matter deems a law which it should apply to be unconstitutional, it must stay the proceedings and initiate proceedings before the Supreme Court. The proceedings in the court may be continued after the Supreme Court has issued its decision.
Article 173 (Judicial Review of Administrative Acts)
(1) A court having jurisdiction to review administrative acts decides the legality of final individual acts with which state authorities, local community authorities and bearers of public authority decide the rights or obligations and legal entitlements of individuals and organisations, if other legal protection is not provided by law for a particular matter.
(2) If other legal protection is not provided, the court having jurisdiction to review administrative acts also decides on the legality of individual actions and acts which intrude upon the constitutional rights of the individual.
Article 174 (Finality of Legal Decisions)
Legal relations regulated by the final decision of a state authority may be annulled, abrogated or amended only in such cases and by such procedures as are provided by law.
Article 175 (Ombudsman for Human Rights and Fundamental Freedoms)
(1) In order to protect human rights and fundamental freedoms in relation to state authorities, local self-government authorities and bearers of public authority, the office of the ombudsman for the rights of citizens shall be established by law.
(2) Special ombudsmen for the rights of citizens may also be established by law for particular fields.
The Ombudsmen will be appointed by the President of the republic
with the advice of the Presidential Council.
Article 168 (Proposal to Initiate the Procedure)
(1) A proposal to initiate the procedure for amending the Constitution may be made by twenty deputies of the National Assembly, the Government or at least thirty thousand voters.
(2) Such proposal is decided upon by the National Assembly by a two-thirds majority vote of deputies present and ratified by an absolute majority of members of the National Council (other than those under article 169).
Article 169 Amendments to the constitution require the consent of an absolute majority of members of the National Council, including ex officio members other than those altering the powers, scope and membership of the National Council will require a two thirds majority of the membership of the National Council for ratification.
170 (Confirmation of Constitutional Amendments by Referendum)
(1) The National Assembly must submit a proposed constitutional amendment to voters for adoption in a referendum, if so required by at least thirty deputies.
(2) A constitutional amendment is adopted in a referendum if a majority of those voting voted in favour of the same, provided that a majority of all voters participated in the referendum.
Article 171 (Promulgation of Constitutional Amendments)
Constitutional amendments enter into force upon their promulgation in the National Assembly.
Article 172 [Promulgation]
This Constitution enters into force upon its promulgation.
Article 173 [Enforcement]
The provisions of this Constitution apply from the day of its promulgation, unless otherwise provided in the constitutional act implementing this Constitution.
Article 174 [Implementation]
(1) A constitutional act shall be passed in order to implement this Constitution and to ensure transition to the application of the provisions of this Constitution.
(2) The constitutional act shall be passed by a two-thirds majority vote of all deputies in all chambers of the Senedd of the Republic of Wales.