User:Glide08/Sandbox/New Granada (1980, Draft)

PRELIMINARY TITLE

CHAPTER I The State and The Constitution 1. The State. 2. The Constitution is supreme law.

CHAPTER II Directive Principles and Objectives Article 3. Sovereignty belongs to the people. 4. Objective of political system. 5. Local government. 6. Youth. 7. The environment. 8. External relations. 9. Guiding principles and objectives.

TITLE 1 THE NATIONAL EXECUTIVE

CHAPTER III The President

PART 1 The Office of President

10. The Office of President.

PART 2 Election of the President

11. General Provisions relating to Election of President. 12. Qualifications for election as President. 13. Disqualifications for election as President. 14. Election of Electoral College. 15. Election of President by support of Electors. 16. Election of President by Electoral College. 17. Confirmation by Referendum. 18. Returning officer at elections of President.

PART 3 Tenure and Removal of the President

19. Tenure of Office of President. 20. Removal of President on grounds of incapacity. 21. Removal of President on grounds of violation of the Constitution or gross misconduct.

PART 4 Vacancies in the Office of President

22. Vice-President. 23. Vacancy in office of President. 24. Discharge of functions of President during absence, illness, etc.

PART 5 Functions of the President and Vice-President

25. Functions of President 26. Functions of Vice-President 27. Prerogative of Mercy 28. Advisory Committee on Prerogative of Mercy 29. Functions of Advisory Committee on Prerogative of Mercy 30. Constitution of offices

PART 6 Supplementary and Miscellaneous Provisions

31. Oaths to be taken by President. 32. Personal staff of President. 33. Public Seal. 34. Salary and allowances of President. 35. Protection of President in respect of legal proceedings.

CHAPTER IV The Ministers and the Cabinet

PART 1 The Ministers

36. The Ministers 37. Assistant Ministers 38. Functions of Cabinet Ministers and Assistant Ministers 39. Oaths to be taken by Ministers, etc 40. Leave of absence for Ministers, etc 41. Permanent Secretaries

PART 2 The Cabinet

42. Cabinet 43. Summoning of and presiding in Cabinet 44. Summoning of persons to Cabinet 45. Quorum 46. Secretary to the Cabinet 47. Attorney-General 48. Functions of Attorney-General

CHAPTER IV
The Executive
Part 1
The President


Election of Electoral College.
14.
(1) For the purpose of an election of the Electoral College referred to in [...] (also referred to in this Article as a "College election"), the whole of New Granada shall be regarded as one constituency.
(2) In any College election, each voter shall be entitled to cast such number of votes as exceeds by one —
(a) where the number of vacancies to be filled in that election is an even number, one half of the number of vacancies to be filled in that election; and
(b) where the number of vacancies to be filled in that election is an uneven number, the whole number next greater than one-half of the number of vacancies to be filled in that election,
but no voter may cast more than one vote for any one candidate for election to the Electoral College.
(3) When the votes have been cast, a list shall be prepared showing the persons for whom votes have been cast in order according to the number of votes received by each of them, the person or persons who received the highest number of votes being placed first and those who received any lower number of votes being placed in descending order.
(4) Subject to the provisions of paragraph (5), those persons shall be deemed to have been elected to the Electoral College who stand in the first and each succeeding place on the list until the number of vacancies to be filled in that election has been completed.
(5) Where, by reason of an equality of votes between them, the number of candidates in any place on the list who would otherwise be deemed to have been elected under paragraph (4) exceeds the number of persons remaining to be elected as members of the Electoral College after the persons in the preceding places have been elected, the returning officer shall decide by lots the candidates in that place which shall be deemed to have been elected.
Election of President by support of Electors.
15.
In an election of a President under this article—
(a) Every person nominated as a candidate for the Electoral College shall, at the time of his nomination and subject to the provisions of sub-paragraph (b), declare in such manner as may be prescribed by or under an Act of Parliament which of the Presidential candidates he supports, and the nomination of a candidate for the Electoral College shall be not valid should the nomination paper not contain such a declaration.
(b) A declaration under paragraph (a) shall not be made in relation to any Presidential candidate unless that candidate has signified, in such manner as may be prescribed by or under an Act of Parliament, his consent to the making of a declaration in his favour by that candidate for the Electoral College.
(c) The returning officer shall declare to be elected as President any candidate for whom support has been declared in accordance with sub-paragraph (a) by not less than such number of persons elected as members of the Electoral College as corresponds to more than two-thirds of the total number of members of the Electoral College, and if there is no such person the returning officer shall declare that no candidate has been elected.
Election of President by Electoral College.
16.
In an election of a President under this article—
(a) the returning officer shall preside at the meeting and conduct the election;
(b) at the election every member of the Electoral College shall be entitled to vote, and the votes of the members of the Electoral College shall be given by ballot in such manner as not to disclose how any particular member voted;
(c) in the first and second ballots, any person who receives the votes of more than three-fifths of the total number of members of the Electoral College shall be declared elected as President, and if no person receives the votes of more than three-fifths of the total number of members of the Electoral College, a further ballot shall be held; and
(d) in the third and subsequent ballots—
(i) the person or persons who in the ballot immediately preceding received the highest and second-highest number of votes shall alone stand for election;
(ii) the person who receives the higher number of votes of more than half of the total number of members of the Electoral College shall be elected, and if no person receives the votes of more than half of the total number of members of the Electoral College, a further ballot shall be held.
Confirmation by Referendum.
17.
Whenever a President is elected under Article 15 or 16, a poll shall be taken for the confirmation of his election, and for the purposes of such poll the whole of New Granada shall be regarded as one constituency, and in that poll the votes shall be either for the person whose election is so confirmed (also referred to in this paragraph as "YES votes") or against him (also referred to in this paragraph as "NO votes"), and the returning officer shall declare to have the election of that person as President confirmed if the number of YES votes is greater than the number of NO votes.