01-26-2004, 07:21 PM
Quote:
CONSTITUTION OF THE KINGDOM OF HANOVER
Preamble
May the people of Hanover unite in observing, protecting and upholding the Constitution of the Kingdom of Hanover in order to maintain the democratic regime of government and the sovereign power derived from the people of Hanover, and to bring about happiness, prosperity, and dignity to His Majesty's subjects throughout the Kingdom according to the will of His Majesty in every respect.
Chapter I General Provisions
Section 1
Hanover is one and indivisible Kingdom.
Section 2
Hanover adopts a democratic regime of government with the King as Head of the State.
Section 3
The sovereign power belongs to the Hanoverian people. The King as Head of the State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution.
Section 4
The human dignity, right and liberty of the people shall be protected.
Section 5
The Hanoverian people, irrespective of their origins, sexes or religions, shall enjoy equal protection under this Constitution.
Section 6
The Constitution is the supreme law of the State. The provisions of any law, rule or regulation, which are contrary to or inconsistent with this Constitution, shall be unenforceable.
Section 7
Whenever no provision under this Constitution is applicable to any case, it shall be decided in accordance with the constitutional practice in the democratic regime of government with the King as Head of the State.
Chapter II The King
Section 8
The King shall be enthroned in a position of revered worship and shall not be violated.No person shall expose the King to any sort of accusation or action.
Section 9
The King is Upholder of all religions.
Section 10
The King holds the position of Head of the Hanoverian Armed Forces.
Section 11
The King has the prerogative to create titles and confer decorations.
Section 12
The King selects and appoints qualified persons to be the President of the Privy Council. The Privy Council has a duty to render such advice to the King on all matters pertaining to His functions as He may consult, and has other duties as provided in this Constitution.
Section 13
The selection and appointment or the removal of a Privy Councillor shall depend entirely upon the King's pleasure. The President of the National Assembly shall countersign the Royal Command appointing or removing the President of the Privy Council. The President of the Privy council shall countersign the Royal Command appointing or removing other Privy Councillors.
Section 14
Before taking office, a Privy Councillor shall make a solemn declaration before the King in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal to His Majesty the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Hanover in every respect."
Section 15
A Privy Councillor vacates office upon death, resignation or removal by a Royal Command.
Section 16
Whenever the King is absent from the Kingdom or unable to perform His functions for any reason whatsoever, the King will appoint a person Regent, and the President of the National Assembly shall countersign the Royal Command therefor.
Section 17
In the case where the King does not appoint a Regent under section 18, or the King is unable to appoint a Regent owing to His not being sui juris or any other reason whatsoever, the Privy Council shall submit the name of a person suitable to hold the office of Regent to the National Assembly for approval. Upon approval by the National Assembly, the President of National Assembly shall make an announcement, in the name of the King, to appoint such person as Regent.
Section 18
While there is no Regent under section 18 or section 19, the President of the Privy Council shall be Regent pro tempore. In the case where the Regent appointed under section 18 or section 19 is unable to perform his or her duties, the President of the Privy Council shall act as Regent pro tempore. While being Regent under paragraph one or acting as Regent under paragraph two, the President of the Privy Council shall not perform his or her duties as President of the Privy Council. In such case, the Privy Council shall select a Privy Councillor to act as President of the Privy Council pro tempore.
Section 19
Before taking office, the Regent appointed under section 18 or section 19 shall make a solemn declaration before the National Assembly in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal to His Majesty the King (name of the King) and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Hanover in every respect."
Chapter III Rights and Liberties of the Hanoverian People
Section 20
In exercising powers of all State authorities, regard shall be had to human dignity, rights and liberties in accordance with the provisions of this Constitution.
Section 21
Rights and liberties recognised by this Constitution expressly, by implication or by decisions of the Constitutional Court shall be protected and directly binding on the National Assembly, the Council of Ministers, Courts and other State organs in enacting, applying and interpreting laws.
Section 22
A person can invoke human dignity or exercise his or her rights and liberties in so far as it is not in violation of rights and liberties of other persons or contrary to this Constitution or good morals. A person whose rights and liberties recognised by this Constitution are violated can invoke the provisions of this Constitution to bring a lawsuit or to defend himself or herself in the court.
Section 23
The restriction of such rights and liberties as recognised by the Constitution shall not be imposed on a person except by virtue of provisions of the law specifically enacted for the purpose determined by this Constitution and only to the extent of necessity and provided that it shall not affect the essential substances of such rights and liberties.
Section 24
All persons are equal before the law and shall enjoy equal protection under the law.Men and women shall enjoy equal rights. Unjust discrimination against a person on the grounds of the difference in origin, race, language, sex, age, physical or health condition, personal status, economic or social standing, religious belief, education or constitutionally political view, shall not be permitted.
Measures determined by the State in order to eliminate obstacle to or to promote persons' ability to exercise their rights and liberties as other persons shall not be deemed as unjust discrimination.
Section 25
A person shall enjoy the right and liberty in his or her life and person. No arrest, detention or search of person or act affecting theright and liberty shall not be made except by virtue of the law.
Section 26
No person shall be inflicted with a criminal punishment unless he or she has committed an act which the law in force at the time of commission provides to be an offence and imposes a punishment therefor, and the punishment to be inflicted on such person shall not be heavier than that provided by the law in force at the time of the commission of the offence.
Section 27
The suspect or the accused in a criminal case shall be presumed innocent.
Before the passing of a final judgement convicting a person of having committed an offence, such person shall not be treated as a convict.
Section 28
A person's family rights, dignity, reputation or the right of privacy shall be protected.The assertion or circulation of a statement or picture in any manner whatsoever to the public, which violates or affects a person's family rights, dignity, reputation or the right of privacy, shall not be made except for the case which is beneficial to the public.
Section 29
A person shall enjoy the liberty of communication by lawful means.
The censorship, detention or disclosure of communication between persons including any other act disclosing a statement in the communication between persons shall not be made except by virtue of the provisions of the law specifically enacted for security of the State or maintaining public order or good morals.
Section 30
A person shall enjoy full liberty to profess a religion, a religious sect or creed, and observe religious precepts or exercise a form of worship in accordance with his or her belief; provided that it is not contrary to his or her civic duties, public order or good morals. In exercising the liberty referred to in paragraph one, a person is protected from any act of the State, which is derogatory to his or her rights or detrimental to his or her due benefits on the grounds of professing a religion, a religious sect or creed or observing religious precepts or exercising a form of worship in accordance with his or her different belief from that of others.
Section 31
A person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicise, and make expression by other means. The restriction on liberty under paragraph one shall not be imposed except by virtue of the provisions of the law specifically enacted for the purpose of maintaining the security of the State, safeguarding the rights, liberties, dignity, reputation, family or privacy rights of other person, maintaining public order or good morals or preventing the deterioration of the mind or health of the public.
Section 32
A person shall enjoy an academic freedom. Education, training, learning, teaching, researching and disseminating such research according to academic principles shall be protected; provided that it is not contrary to his or her civic duties or good morals.
Section 33
A person shall enjoy the liberty to assemble peacefully The restriction on such liberty shall not be imposed except by virtue of the law specifically enacted for the case of public assembling and for securing public convenience in the use of public places or for maintaining public order during the time when the country is in a state of war, or when a state of emergency or martial law is declared.
Section 34
A person shall enjoy the liberty to unite and form an association, a union, league, co-operative, farmer group, private organisation or any other group.
The restriction on such liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for protecting the common interest of the public, maintaining public order or good morals or preventing economic monopoly.
Section 35
Persons so assembling as to be a traditional community shall have the right to conserve or restore their customs, local knowledge, arts or good culture of their community and of the nation and participate in the management, maintenance, preservation and exploitation of natural resources and the environment in a balanced fashion and persistently as provided by law.
Section 36
A person shall enjoy the liberty to unite and form a political party for the purpose of making political will of the people and carrying out political activities in fulfilment of such will through the democratic regime of government with the King as Head of the State as provided in this Constitution. The internal organisation, management and regulations of a political party shall be consistent with fundamental principles of the democratic regime of government with the King as Head of the State.
Section 37
The property right of a person is protected. The extent and the restriction of such right shall be in accordance with the provisions of the law.
The succession is protected. The right of succession of a person shall be in accordance with the provisions of the law.
Section 38
A person shall enjoy the liberties to engage in an enterprise or an occupation and to undertake a fair and free competition.
Section 39
A person shall have the right to participate in the decision-making process of State officials in the performance of administrative functions which affect or may affect his or her rights and liberties, as provided by law.
Section 40
A person shall have the right to present a petition and to be informed of the result of its consideration within the appropriate time, as provided by law.
Section 41
No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as Head of the State under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the modes provided in this Constitution.
Section 42
A person shall have the right to resist peacefully any act committed for the acquisition of the power to rule the country by a means which is not in accordance with the modes provided in this Constitution.
Chapter IV Duties of the Hanoverian People
Section 43
Every person shall have a duty to uphold the Nation, religions, the King and the democratic regime of government with the King as Head of the State under this Constitution.
Section 44
Every person shall have a duty to obey the law.
Section 45
Every person shall have a duty to exercise his or her right to vote at an election.
Chapter V Directive Principles of Fundamental State Policies
Section 46
The State shall protect and uphold the institution of kingship and the independence and integrity of its territories.
Section 47
The State shall arrange for the maintenance of the armed forces for the protection and upholding of its independence, security of the State, institution of kingship, national interests and the democratic regime of government with the King as Head of the State, and for national development.
Section 48
The State shall patronise and protect all religions, promote good understanding and harmony among followers of all religions as well as encourage the application of religious principles to create virtue and develop the quality of life.
Section 49
The State shall promote friendly relations with other countries and adopt the principle of non-discrimination.
Section 50
The State shall ensure the compliance with the law, protect the rights and liberties of a person, provide efficient administration of justice and serve justice to the people expediently and equally and organise an efficient system of public administration and other State affairs to meet people's demand.
The State shall allocate adequate budgets for the independent administration of the Election Commission, National Human Rights Commission, the Constitutional Court, the Courts of Justice,
Section 51
The State shall promote and encourage public participation in laying down policies, making decision on political issues, preparing economic, social and political
development plans, and inspecting the exercise of State power at all levels.
Section 52
The State shall prepare a political development plan, moral and ethical standard of holders of political positions, Government officials, officials and other employees of the State in order to prevent corruption and create efficiency of the performance of duties.
Section 53
The State shall decentralise powers to localities for the purpose of independence and self-determination of local affairs when and if necessary
Section 54
The State shall promote people of working age to obtain employment
Section 55
The State shall encourage a free economic system through market force, ensure and supervise fair competition, protect consumers, and prevent direct and indirect monopolies, repeal and refrain from enacting laws and regulations controlling businesses which do not correspond with the economic necessity, and shall not engage in an enterprise in competition with the private sector unless it is necessary for the purpose of maintaining the security of the State or preserving the common interest
Section 56
The provisions of this Chapter are intended to serve as directive principles for legislating and determining policies for the administration of the State affairs.
Chapter VI The National Assembly
Section 57
The National Assembly shall be established in accordance with the provisions of this Constitution.
Section 58
There shall be a President of the National Assembly. The President of the National Assembly shall have the powers and duties as provided in this Constitution and shall conduct the proceedings of the National Assembly in accordance with the rules of procedure.
Section 59
A bill or an organic law bill may be enacted as law only by and with the advice and consent of the National Assembly.
Section 60
Subject to this Constitution, the Parliament may make laws for peace, order and good government of the Kingdom.
Section 61
After a bill or an organic law bill has already been approved by the National Assembly, the Prime Minister shall present it to the King for signature within twenty days as from the date of the receipt of such bill from the National Assembly, and it shall come into force upon its publication in the Government Gazette.
Section 62
If the King refuses His assent to a bill or an organic law bill and either returns it to the National Assembly or does not return it within seven days, the National Assembly must re-deliberate such bill. If the National Assembly resolves to reaffirm the bill with the votes of not less than two-thirds of the total number of existing members, the Prime Minister shall present such bill to the King for signature once again. If the King does not sign and return the bill within seven days, the Prime Minister shall cause the bill to be promulgated as an Act in the Government Gazette as if the King had signed it.
Section 63
There shall be five elected members in the National Assembly. The King may appoint an additional two members to the Assembly. Members who shall be elected by general, direct, equal and secret ballot.
Section 64
No person shall be member of a house of Parliament unless he is a citizen of the Kingdom.
Section 65
Every member of the Majlis shall vacate his seat :at the next dissolution of Parliament after he has been elected; if he ceases to be a citizen; if he is absent from sitting of the Majlis for such period or periods and in such circumstances as may be prescribed by the rules of procedure of the Majlis.
Section 66
Any question arising in a house of Parliament shall be determined by a majority of its members. Where the numbers of votes are equal, the question shall be negated.
Section 67
Subject to the provisions of this Constitution, rules and procedure for an election of members of the National Assembly shall be in accordance with the organic law on the election of members of the National Assembly .
Section 68
The term of the National is six months from the election day.
Section 69
Upon the expiration of the term of the National Assembly, the King will issue a Royal Decree calling for a general election of members of the National Assembly in which the election day must be fixed within thirty days as from the date of the expiration of the term of the National Assembly and the election day must be the same throughout the Kingdom.
Section 70
The King has the prerogative to dissolve the National Assembly for a new election of members of the House. The dissolution of the National Assembly shall be made in the form of a Royal Decree in which the day for a new general election must be fixed within thirty days and such election day must be the same throughout the Kingdom.The dissolution of the National Assembly may be made only once under the same circumstance.
Section 71
Membership of the National Assembly commences on the election day.
Section 72
When the office of member of the National Assembly becomes vacant for any reason other than the expiration of the term or the dissolution of the Assembly, the following actions shall be taken:
1) The political party of the person who formerly held the seat may nominate a replacement
2) If condition one is not applicable, the King may appoint a replacement upon consultation with the President of the National Assembly and the Prime Minister.
3) If the term of the National Assembly is not completed within fifty days of the vacation, a special election must be planned for.
Section 73
After the Council of Ministers has assumed the administration of the State affairs, the King will appoint as Leader of the Opposition in the National Assembly a member of the Assembly who is the leader of the political party not forming the majority.The President of the National Assembly shall countersign the Royal Command appointing the Leader of the Opposition in the National Assembly.
Section 74
The Election Commission consists of a Chairman and up to four Commissioners appointed, by the King with the advice of the National Assembly, from persons of apparent political impartiality and integrity. The President of the National Assembly shall countersign the Royal Command appointing the Chairman and Commissioners under paragraph one.
Section 75
The Election Commission shall control and hold, or cause to be held, an election of members of the National Assemlby, members of a local assembly and local administrators including the voting in a referendum for the purpose of rendering it to proceed in an honest and fair manner.
Section 76
The Election Commission shall have the following powers and duties:
1) to issue Notifications and Orders to fulfill the requirements of the previous section;
2) to conduct investigations and inquiries for fact-finding and decision on arising problems or disputes under the law;
3) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;
4) to announce the result of an election and the voting in a referendum;
5) to perform other acts as provided by law.
Section 77
The King shall be a member of the Election Commission
Section 78
The Election Commission shall forthwith conduct an investigation and inquiry for finding facts in any of the following cases;
1) an objection by a voter, a candidate in an election or a political party a member of which stood for the election has been raised that the election has proceeded inappropriately or unlawfully;
2) convincing evidence has appeared that any member of the National Assembly, member of a local assembly or local administrator, before being elected, had committed any dishonest act to enable him or her to be elected, or has dishonestly been elected as a result of an act committed by any person or political party in violation of the organic law on the election of members of the National Assembly, the organic law on political parties or the law on the election of members of local assemblies and local administrators;
3) convincing evidence has appeared that the voting in a referendum did not proceed lawfully or an objection has been raised by a voter that the voting in a referendum in any polling station proceeded inappropriately or unlawfully;
Upon completion of actions under paragraph one, the Election Commission shall pass a decision forthwith.
Section 79
Members of the National Assembly are representatives of the Hanoverian people, and shall honestly perform the duties for the common interest of the Hanoverian people.
Section 80
Before taking office, a member of the National Assembly shall make a solemn declaration at a sitting of the Assembly of which he or she is a member in the following words:
"I, (name of the declarer), do solemnly declare that I will perform my duties in accordance with the honest dictates of my conscience for the common interest of the Hanoverian people. I will also uphold and observe the Constitution of the Kingdom of Hanover in every respect."
Section 81
The President and of the National Assembly hold office until the expiration of the term or the dissolution of the House.
Section 82
The President of the National Assembly shall have the powers and duties to carry out the business of the Assemlby in accordance with its rules of procedure. The President of the National Assembly and the persons who act on behalf of the President shall be impartial in the performance of duties.
Section 83
When the President of the National Assembly are not present at any sitting, the members shall elect one among themselves to preside over such sitting.
Section 84
At a sitting of the National Assembly, the presence of not less than one-half of the total number of the existing members is required to constitute a quorum
Section 85
A resolution on any issue shall be made by a majority of votes, unless it is otherwise provided in this Constitution. In casting a vote, each member has one vote. In case of an equality of votes, the presiding member shall have an additional vote as a casting vote. The President of the National Assembly, shall cause the voting of each member to be recorded and disclose such record in a place where the public entry for its inspection is possible, except for the case of the voting by secret ballot.
Section 86
At a sitting of the National Assembly, words expressed in giving statements of fact or opinions or in casting the vote by any member are absolutely privileged. No charge or action in any manner whatsoever shall be brought against such member.
Section 87
The National Assembly shall, within seven days as from the date of the election of members of the National Assembly , be summoned for the first sitting.
Section 88
An ordinary session of the National Assembly shall last one hundred and twenty days but the King may prolong it.
An ordinary session may be prorogued before the end of one hundred and twenty days only with the approval of the National Assembly.
Section 89
The King convokes the National Assembly, opens and prorogues its session.
The King may be present to perform the opening ceremony of the first general ordinary session under or may command the Heir to the Throne who is sui juris or any person to perform the ceremony as His Representative.
Section 90
The convocation, the prolongation of session and the prorogation of the National Assembly shall be made by a Royal Decree.
Section 91
No member of the National Assembly shall, during a session, be arrested, detained or summoned by a warrant for inquiry as the suspect in a criminal case unless permission of the Assembly is obtained or he or she is arrested in flagrante delicto. In the case where a member has been arrested in flagrante delicto, it shall be forthwith reported to the President of the National Assembly and such President may order the release of the person so arrested.
Section 92
A bill or an organic law bill may be introduced only by members of the National Assembly or the Council of Ministers, but a monetary bill may be introduced by members of Assembly with the endorsement of the Prime Minister.
Section 93
The persons having the right to vote of not less than one third the number of people who voted in the last election shall have a right to submit a petition to the President of the National Assembly to consider such law.
The rules and procedure for the petition and the examination thereof shall be in accordance with the provisions of the law.
Section 94
All necessary and proper powers are guaranteed to the National Assembly for the betterment of the Kingdom.
Section 95
The National Assemblies, by virtue of this Constitution, vested with the power to control the administration of the State affairs.
Section 96
Every member of the National Assembly has the right to interpellate a Minister on any matter within the scope of his or her authority, but the Minister has the right to refuse to answer it if the Council of Ministers is of the opinion that the matter should not yet be disclosed on the ground of safety or vital interest of the State.
Section 97
In the administration of the State affairs on any matter which involves an important problem of public concern, affects national or public interest, or requires urgency, a member of the National Assembly may notify the President of the National Assembly in writing prior to the commencement of the sitting of the day, that they will interpellate the Prime Minister or the Minister responsible for the administration of the State affairs on that matter without specifying the question, and the President of the National Assembly shall place such matter on the agenda of the meeting of that day.
Section 98
Members of the National Assembly of not less than two-fifths of the total number of the existing members of the House have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in the Prime Minister. Such motion must nominate the suitable next Prime Minister and when the motion has been submitted, the dissolution of the National Assembly shall not be permitted, except that the motion is withdrawn or the resolution is passed without being supported by the vote . In the case where a vote of no-confidence is passed by not more than one-half of the total number of the existing members of the National Assembly , the members of the National Assembly who submit the motion for the general debate shall no longer have the right to submit another motion for a general debate for the purpose of passing a vote of no-confidence in the Prime Ministers throughout the session. In the case where a vote of no-confidence is passed by more than one-half of the total number of the existing members of the National Assembly, the President of the National Assembly shall submit the name of the person nominated to the King for further appointment .
Section 99
Members of the National Assembly of not less than one-fifth of the total number of the existing members of the National Assembly have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in an individual Minister. In the case where a vote of no-confidence is passed by not more than one-half of the total number of the existing members of the National Assembly , the members of the National Assembly who submit the motion for the general debate shall no longer have the right to submit another motion for a general debate for the purpose of passing a vote of no-confidence in the Minister throughout the session. In the case where a vote of no-confidence is passed by more than one-half of the total number of the existing members of the National Assembly, the President of the National Assembly shall submit the name of the person nominated to the King for further appointment .
Section 100
Constitutional ammendments requires a two-thirds majority (known as supermajority) to pass.
Chapter VII The Council of Ministers and the King in Council
Section 101
The King appoints the Prime Minister and not more than sevebb other Ministers to constitute the Council of Ministers having the duties to carry out the administration of the State affairs. The President of the National Assembly shall countersign the Royal Command appointing the Prime Minister.
Section 102
The National Assembly shall complete its consideration and approval of the person suitable to be appointed as Prime Minister within fifteen days as from the day the National Assembly is convoked for the first sitting.
The resolution of the National Assembly approving the appointment of a person as Prime Minister shall be passed by the votes of more than one-half of the total number of the existing members of the National Assembly . The passing of the resolution in such case shall be by open votes.
Section 103
In the case where the period of thirty days as from the date the National Assembly is convoked for the first sitting of its members has elapsed and no one has been approved for appointment as Prime Minister under section 202 paragraph three, the President of the National Assembly shall, within fifteen days as from the lapse of such period, present to the King for the issuance of a Royal Command appointing the person who has received the highest votes as Prime Minister.
Section 104
The Council of Ministers is given all necessary and proper powers to ensure the good governance of the Executive Government of the Kingdom of Hanover
Section 105
The Prime Minister has the power to ask the National Assembly to reasses and revote on legislation passed. He may not do this three times consecutively on the same piece of legislation
Section 106
The Prime Minister may has the power to dissolve the National Assembly if he believes it is in the best interests for good governance of the Kingdom. The President of the National Assembly has the power to call a vote of no-confidence in the Prime Minister if he feels a dissolution is not in the best interests of the Kingdom. The vote must be concluded before the Assembly is truly dissolved.
Section 107
The Prime Minister has the power to label legislation as "confidence legislation." If such legislation fails, the Prime Minister shall submit the resignation of the Council of Ministers
Section 108
Before taking office, a Minister must make a solemn declaration before the King in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal to the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Hanover in every respect."
Section 109
A Minister must possess the qualifications necessary to be a member of the National Asembly
Section 110
A Minister has the right to attend and give statements of fact or opinions at a sitting of the House but has no right to vote unless he is a member of hte Assembly.
Section 111
The Council of Ministers which will assume the administration of the State affairs must, within fifteen days as from the date it takes office, state its policies to the National Assembly; provided that no vote of confidence shall be passed.
Before stating policies to the National Assembly under paragraph one, if there occurs a case of importance and necessary urgency which, if left delayed, will affect material benefits of the State, the Council of Ministers which has taken office may, for the time being, carry out such acts in so far as it is necessary.
Section 112
Ministers shall carry out the administration of the State affairs in accordance with the provisions of the Constitution, laws and the policies stated under this Constitution, and shall be responsible individually to the National Assembly for the performance of their duties and shall also be responsible collectively to the National Assembly for the general policies of the Council of Ministers.
Section 113
In the case where there is an important problem in the administration of the State affairs in regard to which the Council of Ministers deems it advisable to take opinion of members of the National Assembly , the Prime Minister may give a notice to the President of the National Assembly requesting that a general debate be held at a sitting of the National Assembly. In such case, no resolution shall be passed by the National Assembly on the issue put in the debate.
Section 114
In the case where the Council of Ministers is of the opinion that any issue may affect national or public interests, the Prime Minister, with the approval of the Council of Ministers, may consult the President of the National Assembly for the purpose of publishing in the Government Gazette calling for a referendum.
A referendum shall be for the purpose of public consultation as to whether the important issue under paragraph one, which is not the issue contrary to or inconsistent with this Constitution, will be approved or not. A referendum shall not be held on an issue specifically relating to any individual or group of persons.
The referendum under this section shall have the mere effect of advice given to the Council of Ministers on that issue.
The rules and procedure for voting in a referendum shall be in accordance with the organic law on referendum.
Section 115
Ministers vacate office en masse upon: 1) the termination of ministership of the Prime Minister;
2) the expiration of the term or the dissolution of the National Assembly ;
3) the resignation of the Council of Ministers.
Section 116
The King has the prerogative to remove a Minister from his or her office upon the advice of the Prime Minister.
Section 117
For the purpose of maintaining national or public safety or national economic security, or averting public calamity, the King may issue an Emergency Decree which shall have the force as an Act.
The issuance of an Emergency Decree under paragraph one
shall be made only when the Council of Ministers is of the opinion that it is the case of emergency and necessary urgency which is unavoidable.
In the next succeeding sitting of the National Assembly, the Council of Ministers shall submit the Emergency Decree to the National Assembly for its consideration without delay. If it is out of session and it would be a delay to wait for the opening of an ordinary session, the Council of Ministers must proceed to convoke an extraordinary session of the National Assembly in order to consider whether to approve or disapprove the Emergency Decree without delay. members of the House, such Emergency Decree shall continue to have the force as an Act.
The Prime Minister shall cause the approval or disapproval of the Emergency Decree to be published in the Government Gazette. In case of disapproval, it shall be effective as from the day following the date of its publication in the Government Gazette.
Section 118
An Emergency Decree requires the signature of the Prime Minister to be valid.
Section 119
The King has the prerogative to issue a Royal Decree which is not contrary to the law and requires the signature of the Prime Minister to be valid
Section 120
The King has the prerogative to declare and lift the martial law in accordance with the conditions and manner under the Martial Law upon consultation with the Council of Ministers. In the case where it is necessary to declare the martial law in a certain locality as a matter of urgency, the military authority may do so under the Martial Law.
Section 121
The King has the prerogative to declare war with the approval of the National Assembly. The approval resolution of the National Assembly must be passed by votes of not less than two-thirds of the total number of the existing members .
Section 122
The King and the Council of Ministers has the prerogative to conclude a peace treaty, armistice and other treaties with other countries or international organisations. Such treaties must be ratified by the Assembly. A treaty which provides for a change in the Hanoverian territories or the jurisdiction of the State or requires the enactment of an Act for its implementation must be approved by the National Assembly.
Section 123
The King has the prerogative to grant a pardon.
Section 124
The King has the prerogative to remove titles and recall decorations.
Section 125
The King appoints and removes officials in the military service and civil service who hold the positions of Permanent Secretary of State, Director-General and their equivalents except in the case where they vacate office upon death.
Section 126
All laws, Royal Rescripts and Royal Commands relating to the State affairs must be countersigned by a Minister unless otherwise provided in this Constitution.
Section 127
All laws which have been signed or deemed to have been signed by the King shall forthwith be published in the Government Gazette.
Chapter VIII The Courts
Section 128
There shall be a Supreme Court of Judicature which shall have such jurisdiction and power as may be confered upon it by an Act of the Assembly.
The Judges of the Supreme Court of Judicature shall be the Chief Justice and such number of other Judges (not less than two) as may be prescribed by an Act of the Assembly.
No office of the Judge of the Supreme Court of Judicature shall be abolished while there is a substantive holder thereof.
The Judges of the Supreme Court of Judicature shall be appointed by the King in Council. The qualifications for the office of the Judge of the Supreme Court of Judiciary shall be prescribed by an Act of the Assembly.
The Judges of the Supreme Court of Judicature shall hold their offices during good behaviour; provided that the King in Council may at any time remove any Judge of the Supreme Court of Judiciature by reason of that he willfully violated any law of the Kingdom.
Section 129
An Act of Parliament may establish courts or tribunals inferior to the Supreme Court of Judicature and further specify the organisation and functions of the Judicature.
Judgements and other sentences of the Supreme Court of Judicature or of any other court or tribunal shall be delivered and executed in the name of the King.
Section 130
An Act of the Assembly may reserve some judicial functions and powers to the King.
Chapter IX The Constitutional Tribunal
Section 131
There shall be a Constitutional Tribunal for the Kingdom, whose role shall be to decide :
whether or not an Act of the Assembly is consistent with this Constitution;
whether or not an act of the King in Council is consistent with this Constitution or any Act of the Assembly;
whether or not any legislative or other act of a Satrap of Province is consistent with an Act of the Assembly.
Section 132
This Constitution shall be supreme law of the Kingdom and any Act of the Assembly inconsistent therewith shall be, to the extent of such inconsistency as declared by decision of the Constitutional Tribunal, null and void.
Where the Constitutional Tribunal shall decide that an act of the King in Council is contrary to this Constitution or to any Act of the Assembly, it shall advice the King in Council to revoke such act; if the King in Council shall not do so, such act shall become null and void in the extent of the inconsistency as declared by the Constitutional Tribunal on the tenth day after the decision of the Constitutional Tribunal.
Section 133
The Constitutional Tribunal shall consist of a President and no more than two other Judges; they may hold at the same time the office of the Judge of the Supreme Court of Judicature.
The President of the Constitutional Tribunal shall be appointed by the King acting on advice of the National Assembly.
The magistrates of the Constitutional Tribunal shall hold their offices during the life of Parliament and shall not be removed sooner, save by the King on recommendation of the National Assembly .
Chapter X Miscellaneous Provisions
Section 134
There shall be prescribed an oath for duly execution of offices established under this Constitution; the forms of oaths shall be set out by an Act of the Assembly.
Article 135
The former Constitution is hereby abolished.
The other existing laws of the Kingdom are hereby saved; provided that the King and Council of Ministers may, after consultation with the Constitutional Tribunal, make by a Decree such explanations as are necessary to the application of such laws on and after the day appointed in article 136.
Article 136
This Constitution shall become valid on the 1st day of March 2004.
Preamble
May the people of Hanover unite in observing, protecting and upholding the Constitution of the Kingdom of Hanover in order to maintain the democratic regime of government and the sovereign power derived from the people of Hanover, and to bring about happiness, prosperity, and dignity to His Majesty's subjects throughout the Kingdom according to the will of His Majesty in every respect.
Chapter I General Provisions
Section 1
Hanover is one and indivisible Kingdom.
Section 2
Hanover adopts a democratic regime of government with the King as Head of the State.
Section 3
The sovereign power belongs to the Hanoverian people. The King as Head of the State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution.
Section 4
The human dignity, right and liberty of the people shall be protected.
Section 5
The Hanoverian people, irrespective of their origins, sexes or religions, shall enjoy equal protection under this Constitution.
Section 6
The Constitution is the supreme law of the State. The provisions of any law, rule or regulation, which are contrary to or inconsistent with this Constitution, shall be unenforceable.
Section 7
Whenever no provision under this Constitution is applicable to any case, it shall be decided in accordance with the constitutional practice in the democratic regime of government with the King as Head of the State.
Chapter II The King
Section 8
The King shall be enthroned in a position of revered worship and shall not be violated.No person shall expose the King to any sort of accusation or action.
Section 9
The King is Upholder of all religions.
Section 10
The King holds the position of Head of the Hanoverian Armed Forces.
Section 11
The King has the prerogative to create titles and confer decorations.
Section 12
The King selects and appoints qualified persons to be the President of the Privy Council. The Privy Council has a duty to render such advice to the King on all matters pertaining to His functions as He may consult, and has other duties as provided in this Constitution.
Section 13
The selection and appointment or the removal of a Privy Councillor shall depend entirely upon the King's pleasure. The President of the National Assembly shall countersign the Royal Command appointing or removing the President of the Privy Council. The President of the Privy council shall countersign the Royal Command appointing or removing other Privy Councillors.
Section 14
Before taking office, a Privy Councillor shall make a solemn declaration before the King in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal to His Majesty the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Hanover in every respect."
Section 15
A Privy Councillor vacates office upon death, resignation or removal by a Royal Command.
Section 16
Whenever the King is absent from the Kingdom or unable to perform His functions for any reason whatsoever, the King will appoint a person Regent, and the President of the National Assembly shall countersign the Royal Command therefor.
Section 17
In the case where the King does not appoint a Regent under section 18, or the King is unable to appoint a Regent owing to His not being sui juris or any other reason whatsoever, the Privy Council shall submit the name of a person suitable to hold the office of Regent to the National Assembly for approval. Upon approval by the National Assembly, the President of National Assembly shall make an announcement, in the name of the King, to appoint such person as Regent.
Section 18
While there is no Regent under section 18 or section 19, the President of the Privy Council shall be Regent pro tempore. In the case where the Regent appointed under section 18 or section 19 is unable to perform his or her duties, the President of the Privy Council shall act as Regent pro tempore. While being Regent under paragraph one or acting as Regent under paragraph two, the President of the Privy Council shall not perform his or her duties as President of the Privy Council. In such case, the Privy Council shall select a Privy Councillor to act as President of the Privy Council pro tempore.
Section 19
Before taking office, the Regent appointed under section 18 or section 19 shall make a solemn declaration before the National Assembly in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal to His Majesty the King (name of the King) and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Hanover in every respect."
Chapter III Rights and Liberties of the Hanoverian People
Section 20
In exercising powers of all State authorities, regard shall be had to human dignity, rights and liberties in accordance with the provisions of this Constitution.
Section 21
Rights and liberties recognised by this Constitution expressly, by implication or by decisions of the Constitutional Court shall be protected and directly binding on the National Assembly, the Council of Ministers, Courts and other State organs in enacting, applying and interpreting laws.
Section 22
A person can invoke human dignity or exercise his or her rights and liberties in so far as it is not in violation of rights and liberties of other persons or contrary to this Constitution or good morals. A person whose rights and liberties recognised by this Constitution are violated can invoke the provisions of this Constitution to bring a lawsuit or to defend himself or herself in the court.
Section 23
The restriction of such rights and liberties as recognised by the Constitution shall not be imposed on a person except by virtue of provisions of the law specifically enacted for the purpose determined by this Constitution and only to the extent of necessity and provided that it shall not affect the essential substances of such rights and liberties.
Section 24
All persons are equal before the law and shall enjoy equal protection under the law.Men and women shall enjoy equal rights. Unjust discrimination against a person on the grounds of the difference in origin, race, language, sex, age, physical or health condition, personal status, economic or social standing, religious belief, education or constitutionally political view, shall not be permitted.
Measures determined by the State in order to eliminate obstacle to or to promote persons' ability to exercise their rights and liberties as other persons shall not be deemed as unjust discrimination.
Section 25
A person shall enjoy the right and liberty in his or her life and person. No arrest, detention or search of person or act affecting theright and liberty shall not be made except by virtue of the law.
Section 26
No person shall be inflicted with a criminal punishment unless he or she has committed an act which the law in force at the time of commission provides to be an offence and imposes a punishment therefor, and the punishment to be inflicted on such person shall not be heavier than that provided by the law in force at the time of the commission of the offence.
Section 27
The suspect or the accused in a criminal case shall be presumed innocent.
Before the passing of a final judgement convicting a person of having committed an offence, such person shall not be treated as a convict.
Section 28
A person's family rights, dignity, reputation or the right of privacy shall be protected.The assertion or circulation of a statement or picture in any manner whatsoever to the public, which violates or affects a person's family rights, dignity, reputation or the right of privacy, shall not be made except for the case which is beneficial to the public.
Section 29
A person shall enjoy the liberty of communication by lawful means.
The censorship, detention or disclosure of communication between persons including any other act disclosing a statement in the communication between persons shall not be made except by virtue of the provisions of the law specifically enacted for security of the State or maintaining public order or good morals.
Section 30
A person shall enjoy full liberty to profess a religion, a religious sect or creed, and observe religious precepts or exercise a form of worship in accordance with his or her belief; provided that it is not contrary to his or her civic duties, public order or good morals. In exercising the liberty referred to in paragraph one, a person is protected from any act of the State, which is derogatory to his or her rights or detrimental to his or her due benefits on the grounds of professing a religion, a religious sect or creed or observing religious precepts or exercising a form of worship in accordance with his or her different belief from that of others.
Section 31
A person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicise, and make expression by other means. The restriction on liberty under paragraph one shall not be imposed except by virtue of the provisions of the law specifically enacted for the purpose of maintaining the security of the State, safeguarding the rights, liberties, dignity, reputation, family or privacy rights of other person, maintaining public order or good morals or preventing the deterioration of the mind or health of the public.
Section 32
A person shall enjoy an academic freedom. Education, training, learning, teaching, researching and disseminating such research according to academic principles shall be protected; provided that it is not contrary to his or her civic duties or good morals.
Section 33
A person shall enjoy the liberty to assemble peacefully The restriction on such liberty shall not be imposed except by virtue of the law specifically enacted for the case of public assembling and for securing public convenience in the use of public places or for maintaining public order during the time when the country is in a state of war, or when a state of emergency or martial law is declared.
Section 34
A person shall enjoy the liberty to unite and form an association, a union, league, co-operative, farmer group, private organisation or any other group.
The restriction on such liberty under paragraph one shall not be imposed except by virtue of the law specifically enacted for protecting the common interest of the public, maintaining public order or good morals or preventing economic monopoly.
Section 35
Persons so assembling as to be a traditional community shall have the right to conserve or restore their customs, local knowledge, arts or good culture of their community and of the nation and participate in the management, maintenance, preservation and exploitation of natural resources and the environment in a balanced fashion and persistently as provided by law.
Section 36
A person shall enjoy the liberty to unite and form a political party for the purpose of making political will of the people and carrying out political activities in fulfilment of such will through the democratic regime of government with the King as Head of the State as provided in this Constitution. The internal organisation, management and regulations of a political party shall be consistent with fundamental principles of the democratic regime of government with the King as Head of the State.
Section 37
The property right of a person is protected. The extent and the restriction of such right shall be in accordance with the provisions of the law.
The succession is protected. The right of succession of a person shall be in accordance with the provisions of the law.
Section 38
A person shall enjoy the liberties to engage in an enterprise or an occupation and to undertake a fair and free competition.
Section 39
A person shall have the right to participate in the decision-making process of State officials in the performance of administrative functions which affect or may affect his or her rights and liberties, as provided by law.
Section 40
A person shall have the right to present a petition and to be informed of the result of its consideration within the appropriate time, as provided by law.
Section 41
No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as Head of the State under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the modes provided in this Constitution.
Section 42
A person shall have the right to resist peacefully any act committed for the acquisition of the power to rule the country by a means which is not in accordance with the modes provided in this Constitution.
Chapter IV Duties of the Hanoverian People
Section 43
Every person shall have a duty to uphold the Nation, religions, the King and the democratic regime of government with the King as Head of the State under this Constitution.
Section 44
Every person shall have a duty to obey the law.
Section 45
Every person shall have a duty to exercise his or her right to vote at an election.
Chapter V Directive Principles of Fundamental State Policies
Section 46
The State shall protect and uphold the institution of kingship and the independence and integrity of its territories.
Section 47
The State shall arrange for the maintenance of the armed forces for the protection and upholding of its independence, security of the State, institution of kingship, national interests and the democratic regime of government with the King as Head of the State, and for national development.
Section 48
The State shall patronise and protect all religions, promote good understanding and harmony among followers of all religions as well as encourage the application of religious principles to create virtue and develop the quality of life.
Section 49
The State shall promote friendly relations with other countries and adopt the principle of non-discrimination.
Section 50
The State shall ensure the compliance with the law, protect the rights and liberties of a person, provide efficient administration of justice and serve justice to the people expediently and equally and organise an efficient system of public administration and other State affairs to meet people's demand.
The State shall allocate adequate budgets for the independent administration of the Election Commission, National Human Rights Commission, the Constitutional Court, the Courts of Justice,
Section 51
The State shall promote and encourage public participation in laying down policies, making decision on political issues, preparing economic, social and political
development plans, and inspecting the exercise of State power at all levels.
Section 52
The State shall prepare a political development plan, moral and ethical standard of holders of political positions, Government officials, officials and other employees of the State in order to prevent corruption and create efficiency of the performance of duties.
Section 53
The State shall decentralise powers to localities for the purpose of independence and self-determination of local affairs when and if necessary
Section 54
The State shall promote people of working age to obtain employment
Section 55
The State shall encourage a free economic system through market force, ensure and supervise fair competition, protect consumers, and prevent direct and indirect monopolies, repeal and refrain from enacting laws and regulations controlling businesses which do not correspond with the economic necessity, and shall not engage in an enterprise in competition with the private sector unless it is necessary for the purpose of maintaining the security of the State or preserving the common interest
Section 56
The provisions of this Chapter are intended to serve as directive principles for legislating and determining policies for the administration of the State affairs.
Chapter VI The National Assembly
Section 57
The National Assembly shall be established in accordance with the provisions of this Constitution.
Section 58
There shall be a President of the National Assembly. The President of the National Assembly shall have the powers and duties as provided in this Constitution and shall conduct the proceedings of the National Assembly in accordance with the rules of procedure.
Section 59
A bill or an organic law bill may be enacted as law only by and with the advice and consent of the National Assembly.
Section 60
Subject to this Constitution, the Parliament may make laws for peace, order and good government of the Kingdom.
Section 61
After a bill or an organic law bill has already been approved by the National Assembly, the Prime Minister shall present it to the King for signature within twenty days as from the date of the receipt of such bill from the National Assembly, and it shall come into force upon its publication in the Government Gazette.
Section 62
If the King refuses His assent to a bill or an organic law bill and either returns it to the National Assembly or does not return it within seven days, the National Assembly must re-deliberate such bill. If the National Assembly resolves to reaffirm the bill with the votes of not less than two-thirds of the total number of existing members, the Prime Minister shall present such bill to the King for signature once again. If the King does not sign and return the bill within seven days, the Prime Minister shall cause the bill to be promulgated as an Act in the Government Gazette as if the King had signed it.
Section 63
There shall be five elected members in the National Assembly. The King may appoint an additional two members to the Assembly. Members who shall be elected by general, direct, equal and secret ballot.
Section 64
No person shall be member of a house of Parliament unless he is a citizen of the Kingdom.
Section 65
Every member of the Majlis shall vacate his seat :at the next dissolution of Parliament after he has been elected; if he ceases to be a citizen; if he is absent from sitting of the Majlis for such period or periods and in such circumstances as may be prescribed by the rules of procedure of the Majlis.
Section 66
Any question arising in a house of Parliament shall be determined by a majority of its members. Where the numbers of votes are equal, the question shall be negated.
Section 67
Subject to the provisions of this Constitution, rules and procedure for an election of members of the National Assembly shall be in accordance with the organic law on the election of members of the National Assembly .
Section 68
The term of the National is six months from the election day.
Section 69
Upon the expiration of the term of the National Assembly, the King will issue a Royal Decree calling for a general election of members of the National Assembly in which the election day must be fixed within thirty days as from the date of the expiration of the term of the National Assembly and the election day must be the same throughout the Kingdom.
Section 70
The King has the prerogative to dissolve the National Assembly for a new election of members of the House. The dissolution of the National Assembly shall be made in the form of a Royal Decree in which the day for a new general election must be fixed within thirty days and such election day must be the same throughout the Kingdom.The dissolution of the National Assembly may be made only once under the same circumstance.
Section 71
Membership of the National Assembly commences on the election day.
Section 72
When the office of member of the National Assembly becomes vacant for any reason other than the expiration of the term or the dissolution of the Assembly, the following actions shall be taken:
1) The political party of the person who formerly held the seat may nominate a replacement
2) If condition one is not applicable, the King may appoint a replacement upon consultation with the President of the National Assembly and the Prime Minister.
3) If the term of the National Assembly is not completed within fifty days of the vacation, a special election must be planned for.
Section 73
After the Council of Ministers has assumed the administration of the State affairs, the King will appoint as Leader of the Opposition in the National Assembly a member of the Assembly who is the leader of the political party not forming the majority.The President of the National Assembly shall countersign the Royal Command appointing the Leader of the Opposition in the National Assembly.
Section 74
The Election Commission consists of a Chairman and up to four Commissioners appointed, by the King with the advice of the National Assembly, from persons of apparent political impartiality and integrity. The President of the National Assembly shall countersign the Royal Command appointing the Chairman and Commissioners under paragraph one.
Section 75
The Election Commission shall control and hold, or cause to be held, an election of members of the National Assemlby, members of a local assembly and local administrators including the voting in a referendum for the purpose of rendering it to proceed in an honest and fair manner.
Section 76
The Election Commission shall have the following powers and duties:
1) to issue Notifications and Orders to fulfill the requirements of the previous section;
2) to conduct investigations and inquiries for fact-finding and decision on arising problems or disputes under the law;
3) to order a new election or a new voting at a referendum to be held in any or all polling stations when there occurs convincing evidence that the election or the voting at a referendum in that or those polling stations has not proceeded in an honest and fair manner;
4) to announce the result of an election and the voting in a referendum;
5) to perform other acts as provided by law.
Section 77
The King shall be a member of the Election Commission
Section 78
The Election Commission shall forthwith conduct an investigation and inquiry for finding facts in any of the following cases;
1) an objection by a voter, a candidate in an election or a political party a member of which stood for the election has been raised that the election has proceeded inappropriately or unlawfully;
2) convincing evidence has appeared that any member of the National Assembly, member of a local assembly or local administrator, before being elected, had committed any dishonest act to enable him or her to be elected, or has dishonestly been elected as a result of an act committed by any person or political party in violation of the organic law on the election of members of the National Assembly, the organic law on political parties or the law on the election of members of local assemblies and local administrators;
3) convincing evidence has appeared that the voting in a referendum did not proceed lawfully or an objection has been raised by a voter that the voting in a referendum in any polling station proceeded inappropriately or unlawfully;
Upon completion of actions under paragraph one, the Election Commission shall pass a decision forthwith.
Section 79
Members of the National Assembly are representatives of the Hanoverian people, and shall honestly perform the duties for the common interest of the Hanoverian people.
Section 80
Before taking office, a member of the National Assembly shall make a solemn declaration at a sitting of the Assembly of which he or she is a member in the following words:
"I, (name of the declarer), do solemnly declare that I will perform my duties in accordance with the honest dictates of my conscience for the common interest of the Hanoverian people. I will also uphold and observe the Constitution of the Kingdom of Hanover in every respect."
Section 81
The President and of the National Assembly hold office until the expiration of the term or the dissolution of the House.
Section 82
The President of the National Assembly shall have the powers and duties to carry out the business of the Assemlby in accordance with its rules of procedure. The President of the National Assembly and the persons who act on behalf of the President shall be impartial in the performance of duties.
Section 83
When the President of the National Assembly are not present at any sitting, the members shall elect one among themselves to preside over such sitting.
Section 84
At a sitting of the National Assembly, the presence of not less than one-half of the total number of the existing members is required to constitute a quorum
Section 85
A resolution on any issue shall be made by a majority of votes, unless it is otherwise provided in this Constitution. In casting a vote, each member has one vote. In case of an equality of votes, the presiding member shall have an additional vote as a casting vote. The President of the National Assembly, shall cause the voting of each member to be recorded and disclose such record in a place where the public entry for its inspection is possible, except for the case of the voting by secret ballot.
Section 86
At a sitting of the National Assembly, words expressed in giving statements of fact or opinions or in casting the vote by any member are absolutely privileged. No charge or action in any manner whatsoever shall be brought against such member.
Section 87
The National Assembly shall, within seven days as from the date of the election of members of the National Assembly , be summoned for the first sitting.
Section 88
An ordinary session of the National Assembly shall last one hundred and twenty days but the King may prolong it.
An ordinary session may be prorogued before the end of one hundred and twenty days only with the approval of the National Assembly.
Section 89
The King convokes the National Assembly, opens and prorogues its session.
The King may be present to perform the opening ceremony of the first general ordinary session under or may command the Heir to the Throne who is sui juris or any person to perform the ceremony as His Representative.
Section 90
The convocation, the prolongation of session and the prorogation of the National Assembly shall be made by a Royal Decree.
Section 91
No member of the National Assembly shall, during a session, be arrested, detained or summoned by a warrant for inquiry as the suspect in a criminal case unless permission of the Assembly is obtained or he or she is arrested in flagrante delicto. In the case where a member has been arrested in flagrante delicto, it shall be forthwith reported to the President of the National Assembly and such President may order the release of the person so arrested.
Section 92
A bill or an organic law bill may be introduced only by members of the National Assembly or the Council of Ministers, but a monetary bill may be introduced by members of Assembly with the endorsement of the Prime Minister.
Section 93
The persons having the right to vote of not less than one third the number of people who voted in the last election shall have a right to submit a petition to the President of the National Assembly to consider such law.
The rules and procedure for the petition and the examination thereof shall be in accordance with the provisions of the law.
Section 94
All necessary and proper powers are guaranteed to the National Assembly for the betterment of the Kingdom.
Section 95
The National Assemblies, by virtue of this Constitution, vested with the power to control the administration of the State affairs.
Section 96
Every member of the National Assembly has the right to interpellate a Minister on any matter within the scope of his or her authority, but the Minister has the right to refuse to answer it if the Council of Ministers is of the opinion that the matter should not yet be disclosed on the ground of safety or vital interest of the State.
Section 97
In the administration of the State affairs on any matter which involves an important problem of public concern, affects national or public interest, or requires urgency, a member of the National Assembly may notify the President of the National Assembly in writing prior to the commencement of the sitting of the day, that they will interpellate the Prime Minister or the Minister responsible for the administration of the State affairs on that matter without specifying the question, and the President of the National Assembly shall place such matter on the agenda of the meeting of that day.
Section 98
Members of the National Assembly of not less than two-fifths of the total number of the existing members of the House have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in the Prime Minister. Such motion must nominate the suitable next Prime Minister and when the motion has been submitted, the dissolution of the National Assembly shall not be permitted, except that the motion is withdrawn or the resolution is passed without being supported by the vote . In the case where a vote of no-confidence is passed by not more than one-half of the total number of the existing members of the National Assembly , the members of the National Assembly who submit the motion for the general debate shall no longer have the right to submit another motion for a general debate for the purpose of passing a vote of no-confidence in the Prime Ministers throughout the session. In the case where a vote of no-confidence is passed by more than one-half of the total number of the existing members of the National Assembly, the President of the National Assembly shall submit the name of the person nominated to the King for further appointment .
Section 99
Members of the National Assembly of not less than one-fifth of the total number of the existing members of the National Assembly have the right to submit a motion for a general debate for the purpose of passing a vote of no-confidence in an individual Minister. In the case where a vote of no-confidence is passed by not more than one-half of the total number of the existing members of the National Assembly , the members of the National Assembly who submit the motion for the general debate shall no longer have the right to submit another motion for a general debate for the purpose of passing a vote of no-confidence in the Minister throughout the session. In the case where a vote of no-confidence is passed by more than one-half of the total number of the existing members of the National Assembly, the President of the National Assembly shall submit the name of the person nominated to the King for further appointment .
Section 100
Constitutional ammendments requires a two-thirds majority (known as supermajority) to pass.
Chapter VII The Council of Ministers and the King in Council
Section 101
The King appoints the Prime Minister and not more than sevebb other Ministers to constitute the Council of Ministers having the duties to carry out the administration of the State affairs. The President of the National Assembly shall countersign the Royal Command appointing the Prime Minister.
Section 102
The National Assembly shall complete its consideration and approval of the person suitable to be appointed as Prime Minister within fifteen days as from the day the National Assembly is convoked for the first sitting.
The resolution of the National Assembly approving the appointment of a person as Prime Minister shall be passed by the votes of more than one-half of the total number of the existing members of the National Assembly . The passing of the resolution in such case shall be by open votes.
Section 103
In the case where the period of thirty days as from the date the National Assembly is convoked for the first sitting of its members has elapsed and no one has been approved for appointment as Prime Minister under section 202 paragraph three, the President of the National Assembly shall, within fifteen days as from the lapse of such period, present to the King for the issuance of a Royal Command appointing the person who has received the highest votes as Prime Minister.
Section 104
The Council of Ministers is given all necessary and proper powers to ensure the good governance of the Executive Government of the Kingdom of Hanover
Section 105
The Prime Minister has the power to ask the National Assembly to reasses and revote on legislation passed. He may not do this three times consecutively on the same piece of legislation
Section 106
The Prime Minister may has the power to dissolve the National Assembly if he believes it is in the best interests for good governance of the Kingdom. The President of the National Assembly has the power to call a vote of no-confidence in the Prime Minister if he feels a dissolution is not in the best interests of the Kingdom. The vote must be concluded before the Assembly is truly dissolved.
Section 107
The Prime Minister has the power to label legislation as "confidence legislation." If such legislation fails, the Prime Minister shall submit the resignation of the Council of Ministers
Section 108
Before taking office, a Minister must make a solemn declaration before the King in the following words:
"I, (name of the declarer), do solemnly declare that I will be loyal to the King and will faithfully perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Hanover in every respect."
Section 109
A Minister must possess the qualifications necessary to be a member of the National Asembly
Section 110
A Minister has the right to attend and give statements of fact or opinions at a sitting of the House but has no right to vote unless he is a member of hte Assembly.
Section 111
The Council of Ministers which will assume the administration of the State affairs must, within fifteen days as from the date it takes office, state its policies to the National Assembly; provided that no vote of confidence shall be passed.
Before stating policies to the National Assembly under paragraph one, if there occurs a case of importance and necessary urgency which, if left delayed, will affect material benefits of the State, the Council of Ministers which has taken office may, for the time being, carry out such acts in so far as it is necessary.
Section 112
Ministers shall carry out the administration of the State affairs in accordance with the provisions of the Constitution, laws and the policies stated under this Constitution, and shall be responsible individually to the National Assembly for the performance of their duties and shall also be responsible collectively to the National Assembly for the general policies of the Council of Ministers.
Section 113
In the case where there is an important problem in the administration of the State affairs in regard to which the Council of Ministers deems it advisable to take opinion of members of the National Assembly , the Prime Minister may give a notice to the President of the National Assembly requesting that a general debate be held at a sitting of the National Assembly. In such case, no resolution shall be passed by the National Assembly on the issue put in the debate.
Section 114
In the case where the Council of Ministers is of the opinion that any issue may affect national or public interests, the Prime Minister, with the approval of the Council of Ministers, may consult the President of the National Assembly for the purpose of publishing in the Government Gazette calling for a referendum.
A referendum shall be for the purpose of public consultation as to whether the important issue under paragraph one, which is not the issue contrary to or inconsistent with this Constitution, will be approved or not. A referendum shall not be held on an issue specifically relating to any individual or group of persons.
The referendum under this section shall have the mere effect of advice given to the Council of Ministers on that issue.
The rules and procedure for voting in a referendum shall be in accordance with the organic law on referendum.
Section 115
Ministers vacate office en masse upon: 1) the termination of ministership of the Prime Minister;
2) the expiration of the term or the dissolution of the National Assembly ;
3) the resignation of the Council of Ministers.
Section 116
The King has the prerogative to remove a Minister from his or her office upon the advice of the Prime Minister.
Section 117
For the purpose of maintaining national or public safety or national economic security, or averting public calamity, the King may issue an Emergency Decree which shall have the force as an Act.
The issuance of an Emergency Decree under paragraph one
shall be made only when the Council of Ministers is of the opinion that it is the case of emergency and necessary urgency which is unavoidable.
In the next succeeding sitting of the National Assembly, the Council of Ministers shall submit the Emergency Decree to the National Assembly for its consideration without delay. If it is out of session and it would be a delay to wait for the opening of an ordinary session, the Council of Ministers must proceed to convoke an extraordinary session of the National Assembly in order to consider whether to approve or disapprove the Emergency Decree without delay. members of the House, such Emergency Decree shall continue to have the force as an Act.
The Prime Minister shall cause the approval or disapproval of the Emergency Decree to be published in the Government Gazette. In case of disapproval, it shall be effective as from the day following the date of its publication in the Government Gazette.
Section 118
An Emergency Decree requires the signature of the Prime Minister to be valid.
Section 119
The King has the prerogative to issue a Royal Decree which is not contrary to the law and requires the signature of the Prime Minister to be valid
Section 120
The King has the prerogative to declare and lift the martial law in accordance with the conditions and manner under the Martial Law upon consultation with the Council of Ministers. In the case where it is necessary to declare the martial law in a certain locality as a matter of urgency, the military authority may do so under the Martial Law.
Section 121
The King has the prerogative to declare war with the approval of the National Assembly. The approval resolution of the National Assembly must be passed by votes of not less than two-thirds of the total number of the existing members .
Section 122
The King and the Council of Ministers has the prerogative to conclude a peace treaty, armistice and other treaties with other countries or international organisations. Such treaties must be ratified by the Assembly. A treaty which provides for a change in the Hanoverian territories or the jurisdiction of the State or requires the enactment of an Act for its implementation must be approved by the National Assembly.
Section 123
The King has the prerogative to grant a pardon.
Section 124
The King has the prerogative to remove titles and recall decorations.
Section 125
The King appoints and removes officials in the military service and civil service who hold the positions of Permanent Secretary of State, Director-General and their equivalents except in the case where they vacate office upon death.
Section 126
All laws, Royal Rescripts and Royal Commands relating to the State affairs must be countersigned by a Minister unless otherwise provided in this Constitution.
Section 127
All laws which have been signed or deemed to have been signed by the King shall forthwith be published in the Government Gazette.
Chapter VIII The Courts
Section 128
There shall be a Supreme Court of Judicature which shall have such jurisdiction and power as may be confered upon it by an Act of the Assembly.
The Judges of the Supreme Court of Judicature shall be the Chief Justice and such number of other Judges (not less than two) as may be prescribed by an Act of the Assembly.
No office of the Judge of the Supreme Court of Judicature shall be abolished while there is a substantive holder thereof.
The Judges of the Supreme Court of Judicature shall be appointed by the King in Council. The qualifications for the office of the Judge of the Supreme Court of Judiciary shall be prescribed by an Act of the Assembly.
The Judges of the Supreme Court of Judicature shall hold their offices during good behaviour; provided that the King in Council may at any time remove any Judge of the Supreme Court of Judiciature by reason of that he willfully violated any law of the Kingdom.
Section 129
An Act of Parliament may establish courts or tribunals inferior to the Supreme Court of Judicature and further specify the organisation and functions of the Judicature.
Judgements and other sentences of the Supreme Court of Judicature or of any other court or tribunal shall be delivered and executed in the name of the King.
Section 130
An Act of the Assembly may reserve some judicial functions and powers to the King.
Chapter IX The Constitutional Tribunal
Section 131
There shall be a Constitutional Tribunal for the Kingdom, whose role shall be to decide :
whether or not an Act of the Assembly is consistent with this Constitution;
whether or not an act of the King in Council is consistent with this Constitution or any Act of the Assembly;
whether or not any legislative or other act of a Satrap of Province is consistent with an Act of the Assembly.
Section 132
This Constitution shall be supreme law of the Kingdom and any Act of the Assembly inconsistent therewith shall be, to the extent of such inconsistency as declared by decision of the Constitutional Tribunal, null and void.
Where the Constitutional Tribunal shall decide that an act of the King in Council is contrary to this Constitution or to any Act of the Assembly, it shall advice the King in Council to revoke such act; if the King in Council shall not do so, such act shall become null and void in the extent of the inconsistency as declared by the Constitutional Tribunal on the tenth day after the decision of the Constitutional Tribunal.
Section 133
The Constitutional Tribunal shall consist of a President and no more than two other Judges; they may hold at the same time the office of the Judge of the Supreme Court of Judicature.
The President of the Constitutional Tribunal shall be appointed by the King acting on advice of the National Assembly.
The magistrates of the Constitutional Tribunal shall hold their offices during the life of Parliament and shall not be removed sooner, save by the King on recommendation of the National Assembly .
Chapter X Miscellaneous Provisions
Section 134
There shall be prescribed an oath for duly execution of offices established under this Constitution; the forms of oaths shall be set out by an Act of the Assembly.
Article 135
The former Constitution is hereby abolished.
The other existing laws of the Kingdom are hereby saved; provided that the King and Council of Ministers may, after consultation with the Constitutional Tribunal, make by a Decree such explanations as are necessary to the application of such laws on and after the day appointed in article 136.
Article 136
This Constitution shall become valid on the 1st day of March 2004.