Gretari Constitution

The Government of the Republic of Gretarian, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Zhongshan in founding the Republic of Gretarian, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, does hereby establish this Constitution, to be declared throughout the country for the faithful observance by all.

General Provisions
Article 1: The Republic was founded by the people and for the people, therefore shall be governed by the people, and for people in a democratic institution. As asserted by the Old Socialists, a dictatorship by the Proletariat. If the current socialist government were to fall into tyranny the citizens are in every right to violently overthrow the tyrannical government.

Article 2: The sovereignty of the Republic of Gretarian shall reside in the whole body of citizens.

Article 3: All those of Gretari nationality shall be treated as citizens within or outside it's own borders.

Article 4: Existing national borders shall not be altered unless authorised by the National Assembly

Article 5: The state shall guard equality for all races, genders and sexualities

Rights and Duties of the People

Article 6: All citizens of the Republic of Gretarian, irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law

Article 7: Personal freedom shall be guaranteed to the people. Except in case of flagrante delicto as provided by law, no person shall be arrested or detained otherwise than by a judicial or a police organ in accordance with the procedure prescribed by law. No person shall be tried or punished otherwise than by a law court in accordance with the procedure prescribed by law. Any arrest, detention, trial, or punishment which is not in accordance with the procedure prescribed by law may be resisted.
When a person is arrested or detained on suspicion of having committed a crime, the organ making the arrest or detention shall in writing inform the said person, and his designated relative or friend, of the grounds for his arrest or detention, and shall, within 24 hours, turn him over to a competent court for trial. The said person, or any other person, may petition the competent court that a writ be served within 24 hours on the organ making the arrest for the surrender of the said person for trial.
The court shall not reject the petition mentioned in the preceding paragraph, nor shall it order the organ concerned to make an investigation and report first. The organ concerned shall not refuse to execute, or delay in executing, the writ of the court for the surrender of the said person for trial.
When a person is unlawfully arrested or detained by any organ, he or any other person may petition the court for an investigation. The court shall not reject such a petition, and shall, within 24 hours, investigate the action of the organ concerned and deal with the matter in accordance with law.

Article 8: Except those in active military service, no person shall be subject to trial by a military tribunal.

Article 9: Citizens shall have the right to assembly, right to petitions, right to institute legal proceedings

Article 10: Citizens shall have the right to hold public office, taking public examinations

Article 11: Citizens shall have the right to freedom of and right to residence, and change of residence

Article 12: Citizens shall have the right to education and healthcare

Article 13: Citizens have the duty to pay taxes in accordance to the law

Articles 14: Citizens have the duty to of preforming military service in accordance to the law

The President

Article 15: The President shall be the head of the State and shall represent the Republic of Gretarian in foreign relations.

Article 16: The President shall have supreme command of the land, sea and air forces of the whole country. The president shall select a Minister of Defence with the recommendation and consent of the Legislative Yuan (simple majority). The Minister of Defence and their selected staff will have supreme command of the land, sea and air forces of the whole country. The Minister of Defense and their staff may be removed at the request by the Legislative Yuan with a two-thirds majority.

Article 17: The President shall, in accordance with law, promulgate laws and issue mandates with the counter-signature of the President of the Executive Yuan or with the counter-signatures of both the President of the Executive Yuan and the Ministers or Chairmen of Commissions concerned.

Article 18: The President shall, in accordance with the provisions of this Constitution, exercise the powers of concluding treaties, declaring war and making peace.

Article 19: The President may, in accordance with law, declare martial law with the approval of, or subject to confirmation by, the Legislative Yuan. When the Legislative Yuan deems it necessary, it may by resolution request the President to terminate martial law.

Article 20: The President shall, in accordance with law with the express permission of the Judicial Yuan, exercise the power of granting amnesties, pardons, remission of sentences and restitution of civil rights.

Article 21: The President shall, in accordance with law, appoint and remove civil and military officials.

Article 22: The President may, in accordance with law, confer honors and decorations.

Article 23: In case of a natural calamity, an epidemic, or a national financial or economic crisis that calls for emergency measures, the President, during the recess of the Legislative Yuan, may, by resolution of the Executive Yuan Council, and in accordance with the Law on Emergency Decrees, issue emergency decrees, proclaiming such measures as may be necessary to cope with the situation. Such decrees shall, within one month after issuance, be presented to the Legislative Yuan for confirmation; in case the Legislative Yuan withholds confirmation, the said decrees shall forthwith cease to be valid.

Article 24: In case of disputes between two or more Yuan other than those concerning which there are relevant provisions in this Constitution, the President may call a meeting of the Presidents of the Yuan concerned for consultation with a view to reaching a solution.

Article 25: Any citizen of the Mandated Republic of Gretarian who has attained the age of 40 years 30 years may be elected President or Vice President.

Article 26: The election of President and Vice President shall be directly elected by citizens, with each municipality having access to sufficient voting infrastructure

Article 27: The President and the Vice President shall serve a term of 4 years. They may be re-elected for a second term.

Article 28: The President shall, at the time of assuming office, take the following oath:
“I do solemnly and sincerely swear before the people of the whole country that I will observe the Constitution, faithfully perform my duties, promote the welfare of the people, safeguard the security of the State, and will in no way betray the people’s trust. Should I break my oath, I shall be willing to submit myself to severe punishment by the State. This is my solemn oath.”

Article 29: In case the office of the President should become vacant, the Vice President shall succeed until the expiration of the original presidential term. In case the office of both the President and the Vice President should become vacant, the President of the Executive Yuan shall act for the President; and, in accordance with the provisions of Article 20 of this Constitution, an extraordinary session of the Legislative Assembly shall be convoked for the election of a new President and a new Vice President, who shall hold office until the completion of the term left unfinished by the preceding President. In case the President should be unable to attend to office due to any cause, the Vice President shall act for the President. In case both the President and Vice President should be unable to attend to office, the President of the Executive Yuan shall act for the President.

Article 30: The President shall be relieved of his their functions on the day on which his their term of office expires. If by that time the succeeding President has not yet been elected, or if the President-elect and the Vice-President-elect have not yet assumed office, the President of the Executive Yuan shall act for the President.

Article 31: The period during which the President of the Executive Yuan may act for the President shall not exceed three months.

Article 32: The President shall not, without having been recalled, or having been relieved of his functions, be liable to criminal prosecution unless he is charged with having committed an act of rebellion or treason. The President shall be liable for criminal prosecution.

The Executive Yuan

Article 33: The Executive Yuan shall be the highest administrative organ of the State.

Article 34: The Executive Yuan shall have a President, a Vice President, a certain number of Ministers and Chairmen of Commissions, and a certain number of Ministers without Portfolio.

Article 35: The President of the Executive Yuan shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic.
If, during the recess of the Legislative Yuan, the President of the Executive Yuan should resign or if his office should become vacant, his functions shall be exercised by the Vice President of the Yuan, acting on his behalf, but the President of the Republic shall, within 40 days, request a meeting of the Legislative Yuan to confirm his nominee for the vacancy. Pending such confirmation, the Vice President of the Executive Yuan shall temporarily exercise the functions of the President of the said Yuan.

Article 36: The Vice President of the Executive Yuan, Ministers and Chairmen of Commissions, and Ministers shall be appointed by the President of the Republic upon the recommendation of the President of the Executive Yuan.

Article 37: The Executive Yuan shall be responsible to the Legislative Yuan in accordance with the following provisions:
1. The Executive Yuan has the duty to present to the Legislative Yuan a statement of its administrative policies and a report on its administration. While the Legislative Yuan is in session, Members of the Legislative Yuan shall have the right to question the President and the Ministers and Chairmen of Commissions of the Executive Yuan.
2. If the Legislative Yuan does not concur in any policy of the Executive Yuan, it may, by resolution, request the Executive Yuan to alter such a policy. With respect to such resolution, the Executive Yuan may, with the approval of the President of the Republic, put a request to the Legislative Yuan for reconsideration. If, after reconsideration, two-thirds three-fifths of the Members of the Legislative Yuan present at the meeting uphold the original resolution, the President of the Executive Yuan shall either abide by the same or resign from office.
3. If the Executive Yuan deems a resolution on a statutory, budgetary, or treaty bill passed by the Legislative Yuan difficult of execution, it may, with the approval of the President of the Republic and within ten days after its transmission to the Executive Yuan, request the Legislative Yuan to reconsider the said resolution. If after reconsideration, two-thirds three-fifths of the Members of the Legislative Yuan present at the meeting uphold the original resolution, the President of the Executive Yuan shall either abide by the same or resign from office.

Article 38: Statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs, all of which are to be submitted to the Legislative Yuan, as well as matters that are of common concern to the various Ministries and Commissions, shall be presented by the President and Vice President of the Legislative Yuan to the Executive Yuan for approval

Article 39: The Executive Yuan shall, three months before the beginning of each fiscal year, present to the Legislative Yuan the budgetary bill for the following fiscal year.

Article 40: The Executive Yuan shall, within four months after the end of each fiscal year, present final accounts of revenues and expenditures to the Finance Ministry, which is then open source information to the public.

Article 41: The organisation of the Executive Yuan shall be prescribed by law.

The Legislation Yuan

Article 42: The Legislative Yuan shall be the highest legislative organ of the State, to be constituted of members elected directly by the people. It shall exercise legislative power on behalf of the people.

Article 43: The Legislative Yuan shall have the power to decide by resolution upon statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important internal and external affairs of the State.

Article 44: Members of the Legislative Yuan shall be elected in accordance with the following provisions:
1. Those to be elected from the provinces and by the municipalities under the direct jurisdiction of the Executive Yuan shall be five for each province or municipality with a population of not more than 3,000,000, one additional member shall be elected for each additional 1,000,000 in a province or municipality whose population is over 3,000,000;
2. Including Gretarian citizens abroad from respective provinces or municipalities

Article 45: Members of the Legislative Yuan shall serve a term of three years, and shall be re-eligible. The election of Members of the Legislative Yuan shall be completed within three months prior to the expiration of each term.

Article 46: The Legislative Yuan shall have a President and a Vice President, who shall be elected by and from among its Members.

Article 47: The Legislative Yuan may set up various committees. Such committees may invite government officials and private persons concerned to be present at their meetings to answer questions.

Article 48: The Legislative Yuan shall hold two sessions each year, and shall convene on its own accord. The first session shall last from February to the end of May, and the second session from September to the end of December. Whenever necessary, a session may be prolonged.

Article 49: In any of the following circumstances, the Legislative Yuan may hold an extraordinary session:
1. At the request of the President of the Republic;
2. Upon the request of not less than one-fourth of its Members.

Article 50: The Legislative Yuan shall not make proposals for an increase in the expenditures in the budgetary bill presented by the Executive Yuan.

Article 51: At the meetings of the Legislative Yuan, the Presidents of the various Yuan concerned and the various Ministers and Chairmen of Commissions concerned may be present to give their views.

Article 52: Statutory bills passed by the Legislative Yuan shall be transmitted to the President of the Republic and to the Executive Yuan. The President shall, within ten days after receipt thereof, promulgate them; or he may deal with them in accordance with the provisions of Article 37 of this Constitution.

Article 53: No Member of the Legislative Yuan shall be held responsible outside the Yuan for opinions expressed or votes cast in the Yuan.

Article 54: No Member of the Legislative Yuan shall, except in case of flagrante delicto, be arrested or detained without the permission of the Legislative Yuan.

Article 55: No Member of the Legislative Yuan shall concurrently hold a government post.

Article 56: The organisation of the Legislative Yuan shall be prescribed by law.

Article 57: The Legislative Yuan is responsible for the organisation of its own proceedings meaning it may decide the Rules of Proceedings, punish disorderly behaviour, and, with the concurrence of two thirds, expel a member of the Legislative Yuan.

Judicial Yuan

Article 57: The Judicial Yuan shall be the highest judicial organ of the State and shall have charge of civil, criminal, and administrative cases, and over cases concerning disciplinary measures against public functionaries.

Article 58: The Judicial Yuan shall interpret the Constitution and shall have the power to unify the interpretation of laws and orders.

Article 59: The Judicial Yuan shall have a President and a Vice President, who shall be nominated and, with the consent of the Control Yuan Legislative Yuan, appointed by the President of the Republic.
The Judicial Yuan shall have a certain number of Grand Justices to take charge of matters specified in Article 58 of this Constitution, who shall be nominated and, with the consent of the Control Yuan Legislative Yuan, appointed by the President of the Republic.

Article 60: Judges shall be above partisanship and shall, in accordance with law, hold trials independently, free from any interference.

Article 61: Judges shall hold office for life Judges shall hold office until reaching an age of 80 years. No judge shall be removed from office unless he has been found guilty of a criminal offense or subjected to disciplinary measure, or declared to be under interdiction. No judge shall, except in accordance with law, be suspended or transferred or have his salary reduced.

Article 62: The composition of judges and other levels of legal jurisdiction shall be perscribed by law.

The National Assembly

Power of the Central and Provincial Government(s)

Article 63: In the following matters, the Central Government shall have the power of legislation and administration:
1. Foreign affairs;
2. National defense and military affairs concerning national defense;
3. Nationality law and criminal, civil and commercial law;
4. Judicial system;
5. Aviation, national highways, state-owned railways, navigation, postal and telegraph service;
6. Central Government finance and national revenues;
7. Demarcation of national, provincial and hsien revenues;
8. State-operated economic enterprises;
9. Currency system and state banks;
10. Weights and measures;
11. Foreign trade policies;
12. Financial and economic matters affecting foreigners or foreign countries; and
13. Other matters relating to the Central Government as provided by this Constitution.

Article 64: In the following matters, the Central Government shall have the power of legislation and administration, but the Central Government may delegate the power of administration to the provincial and hsien governments:
1. General principles of provincial and hsien self-government;
2. Division of administrative areas;
3. Forestry, industry, mining and commerce;
4. Educational system;
5. Banking and exchange system;
6. Shipping and deep-sea fishery;
7. Public utilities;
8. Cooperative enterprises;
9. Water and land communication and transportation covering two or more provinces;
10. Water conservancy, waterways, agriculture and pastoral enterprises covering two or more provinces;
11. Registration, employment, supervision, and security of tenure of officials in Central and local governments;
12. Land legislation;
13. Labor legislation and other social legislation;
14. Eminent domain;
15. Census-taking and compilation of population statistics for the whole country;
16. Immigration and land reclamation;
17. Police system;
18. Public health;
19. Relief, pecuniary aid in case of death and aid in case of unemployment; and
20. Preservation of ancient books and articles and sites of cultural value.
With respect to the various items enumerated in the preceding paragraph, the provinces may enact separate rules and regulations, provided these are not in conflict with national laws.

Article 65: In the following matters, the provinces shall have the power of legislation and administration, but the provinces may delegate the power of administration to the hsien;
1. Provincial education, public health, industries and communications;
2. Management and disposal of provincial property;
3. Administration of municipalities under provincial jurisdiction;
4. Province-operated enterprises;
5. Provincial cooperative enterprises;
6. Provincial agriculture, forestry, water conservancy, fishery, animal husbandry and public works;
7. Provincial finance and revenues;
8. Provincial debts;
9. Provincial banks;
10. Provincial police administration;
11. Provincial charitable and public welfare works; and
12. Other matters delegated to the provinces in accordance with national laws.
Except as otherwise provided by law, any of the matters enumerated in the various items of the preceding paragraph, in so far as it covers two or more provinces, may be undertaken jointly by the provinces concerned.
When any province, in undertaking matters listed in any of the items of the first paragraph, finds its funds insufficient, it may, by resolution of the Legislative Yuan, obtain subsidies from the National Treasury.

Article 66: In the following matters, the hsien shall have the power of legislation and administration:
1. Hsien education, public health, industries and communications;
2. Management and disposal of hsien property;
3. Hsien-operated enterprises;
4. Hsien cooperative enterprises;
5. Hsien agriculture and forestry, water conservancy, fishery, animal husbandry and public works;
6. Hsien finance and revenues;
7. Hsien debts;
8. Hsien banks;
9. Administration of hsien police and defense;
10. Hsien charitable and public welfare works; and
11. Other matters delegated to the hsien in accordance with national laws and provincial Self-Government Regulations.
Except as otherwise provided by law, any of the matters enumerated in the various items of the preceding paragraph, in so far as it covers two or more hsien, may be undertaken jointly by the hsien concerned.

Article 67: Any matter not enumerated in Articles 63, 64 and 65 shall fall within the jurisdiction of the Central Government, if it is national in nature; of the province, if it is provincial in nature; and of the hsien, if it concerns the hsien. In case of dispute, it shall be settled by the Legislative Yuan.