Constitution of the Republic of Wales
[Part 1] General Provisions
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.
(3)
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.
(2)
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
colour
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.
[Part] II Human Rights and Fundamental Freedoms
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
beliefs.
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.
[Part] III Economic and Social Relations
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.
[Part] IV Organisation of the State
[Section] A The Senedd of Wales
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)
(1)
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.
Article
82 (Composition and Election of the National Assembly)
(1)
The National Assembly is composed of deputies of the citizens of
Wales and comprises between eighty and one hundred members.
(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.
(4)
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.
(4)
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
National Assembly.
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.
(2) The
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.
(2)
Amendments and the temporary suspension of the rules of procedure
shall be approved by a two-thirds majority vote of members
present.
Article 97
(Remuneration of Deputies)
Deputies
of the National Assembly receive such salary or remuneration as are
established by law.
[Section] B The National Council
Article
98 (Composition)
(1) The
National Council is the representative body of the regions of
Wales
(2) It is composed of:
-- 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.
(3)
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.
(4)
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.
Article
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.
Article
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.
(2)
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..
The
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."
Or
"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)
(1)
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.
(5)The
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.
[Section] E The Government
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.
(5)
A Prime Minister must resign if they lose a vote of no
confidence.
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.
[Section] D Civil Service
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)
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.
[Section] F State Prosecutor's Office
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.
[Part] V Self-Government
[Section] A Local Self-Government
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.
(2)
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)
Waste Disposal/recycling
Transport, including trunk roads but not designated Motorways and Motorway class roads.
Strategic Planning and Economic Development
Policing
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.
(2)
These Local Government bodies boundaries, electoral divisions and
the number of elected members per division will be determined by the
Electoral Commission.
(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.
(5)
All elected local bodies will have powers of "general
competence" unless limited by statute.
[Section] B Other Forms of Self-Government
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.
[Part] VI Public Finance
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.
[Part] VII Constitutionality and Legality
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.
(3)
The Ombudsmen will be appointed by the President of the republic
with the advice of the Presidential Council.
[Part] VIII Procedure for Amending the Constitution
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.
Article
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.
[Part] IX Transitional and Final Provisions
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.