Constitution of Gandhara

The Constitution of the Arab Republic of Gandhara (Arabic: دستور جمهورية غانذارا العربية, Dustūr Jumhūriyyat Gāndhāra al-ʿArabiyyah) is the supreme law of Gandhara. The constitution was adopted by referendum on 4 October 1957 and came into force on 13 November of that year, at the moment of its official publication. It replaced the Constitution of 1919.

The constitution delineates the national frame of government and includes a bill of rights. There is no constitutional court in Gandhara, instead the constitutional judicial authority is delegated to the general court system, with the final decision-making power resting in the Supreme Court.

History

The first constitution of Gandhara was the Constitution of 1919 that resulted from the Constitutional Revolution of Gandhara, in which revolutionaries strove for political modernization. The constitution established a constitutional monarchy with a multiparty system during the Al-Mansur dynasty. The then ruling Emir of Gandhara, Rahimullah al-Mansur, would share his autocratic power with a bicameral parliament.

During the Gandhari Revolution of 1956–57, the Gandhari monarchy was abolished and the Arab Socialist Union of Gandhara adopted the current constitution, stipulating the formation of an Arab Republic. The current constitution has been revised a couple of times. A major revision took place after the constitution was suspended as a result of the 1989 Gandhari coup d'état. The revision, proposed by the interim government, was approved by the electorate in the 1990 constitutional referendum and came into effect on 31 May 1990. The 1990 revision led to the addition of new civil rights, the incorporation of the former overseas territories of Asabiya and Diyafa as autonomous republics, and a number of other changes (e.g. the abolishment of the death penalty under all circumstances and the introduction of a term limit for the president).

Content

Preamble

The preamble to the constitution serves as an introductory statement that explains the document's fundamental purposes and guiding principles. It states in general terms the intention to create a republic, based on Arab socialism, republicanism, and nationalism. It defines the Arab nation's aspirations in unity, freedom, and socialism, and stipulates that the means to achieve these aspirations lie in the wider Arab revolution. It explains that the Arab revolution is an integral part of the wider world liberation movement for freedom, independence, and progress. It states that individual freedom is a sacred right, and it affirms that the constitution will "secure the blessings of liberty" to the Gandhari people.

Chapter 1: Basic Principles

Chapter 1 of the constitution provides the basic principles:

• Article 1 contains the Shahada: There is no god but God, Muhammad is the messenger of God (Arabic: لا إله إلا الله محمد رسول الله, lā ʾilāha ʾillā-llāh, muḥammadur rasūlu-llāh).
• The form of Government is that of an Arab Republic (Arabic: الجمهورية العربية, Al-Jumhuriyyah al`Arabiyya).
• Islam is the state religion and a basic foundation for the country's laws, and no law may contradict the established provisions of Islam.
• Gandhara is part of the Islamic world, and its Arab citizens are part of the Arab nation.
• Gandhara is a multiethnic and multireligious country.
• The full religious rights for all individuals, and the freedom of creed and religious practices are guaranteed.
• Arabic is the official language of Gandhara.
• An administrative division can take a local language as an additional official language if a majority of the population of the administrative division approves in a general referendum. This will be regulated by formal law and statutes.
• Gandhari citizens are guaranteed the right to educate children in their mother tongues in government and private educational institutions, according to educational regulations.
• No law that contradicts the principles of democracy may be established.
• No law that contradicts the rights and basic freedoms may be established.
• The constitution is the highest law of the land. No law may be passed that contradicts the constitution.

Chapter 2: Rights and Freedoms

Chapter 2 is mainly a bill of rights. The constitution does not indicate a normative hierarchy, all rights are principally equal in value and importance. It guarantees the rule of law, equality under the law, judicial independence, the prohibition on criminal ex post facto laws, the right to counsel, the right to a public trial unless the court decides in exceptional cases to make it a secret trial, the presumption of innocence, the right to participate in public affairs, the right to vote, freedom from extradition, and the right of asylum. The constitution stipulates that the state is the guarantor and protector of the citizen's personal freedom and dignity. It guarantees equal opportunity, economic, social and cultural liberties, the right to work, the right to join trade unions, free education, freedom of religion, limited freedom of speech, limited freedom to form or join associations and political parties, and the freedom of thought, conscience and belief.

Chapter 3: State Authorities

Chapter 3 defines the powers of the Gandhari state. It discusses the executive authority and the legislative authority.

Executive Authority

The constitution stipulates that the President of the Republic is the head of state, the chief executive officer of the executive authority, and the commander-in-chief of the armed forces. The president is directly elected by universal suffrage for a 7-year term. Since the revision of the constitution in 1990, a president cannot serve more than two terms.

The constitution defines the cabinet as the highest executive and administrative body. It consists of the Prime Minister, who is the head of government, and the ministers. According to the constitution, the ministers are responsible to the president.

Legislative Authority

Legislative power is vested in the Parliament of Gandhara, a bicameral legislature consisting of a Senate and a National Assembly.

The Senate is the upper house of the parliament and consists of 96 members, three from each governorate and the two autonomous republics of Asabiya and Diyafa. Two-thirds (64) are appointed by elected local councils (two per governorate or autonomous republic), and one-third (32) are appointed by the President of Gandhara (one per governorate or autonomous republic). Both groups are appointed for a 4-year term. Half of the presidential nominees have to be women.

The National Assembly is the lower house of the parliament. It has 240 seats which are filled through elections using a party-list proportional representation. The National Assembly may by a simple majority (i.e. at least 121 votes out of 240) pass a motion of no confidence against the Government of Gandhara (that is, the Prime Minister and other ministers). In this case the president can choose to dismiss the cabinet (which the president can do at any moment of time at his own discretion anyway), or the president has to dissolve the National Assembly and call for new general elections.

The National Assembly discusses proposed legislation and reviews actions of the cabinet. Both the cabinet and the National Assembly may propose legislation. The National Assembly discusses it and, if adopted by a majority, sends it on to the Senate. After a study in the Senate, the bill will be passed, if adopted by a majority, or sent back to the National Assembly.

Chapter 4: Judicial System

This chapter regulates the structure and powers of the judicial system. It stipulates that there will be one Supreme Court. The members of the court are appointed by the president from a shortlist, made by the National Assembly of the Parliament. The Supreme Court interprets the constitution and determines the constitutionality of laws and regulation. It acts as a final court of appeals, and the constitution describes the kinds of cases the court takes as original jurisdiction.

The constitution further stipulates that other courts are part of the judiciary. Their organisation, composition, and competence is regulated by formal law. The independence of the judiciary and the judges is guaranteed, and the death penalty is prohibited.

Chapter 5: Structure of the State

The constitution stipulates in Chapter 5 that Gandhara is a sovereign state and that no land can be ceded. Under this provision, the Treaty of Vola, in which Gandhara formally recognized the independence of the First Lettucian Republic, can be seen as unconstitutional. However, Lettuce already declared itself independent with the Lettucian Independence Act before the adoption of the constitution, and therefore the Treaty of Vola is generally seen as a peace treaty between Gandhara and Lettuce.

The constitution states that Gandhara consists of thirty governorates and, since the 1990 revision of the constitution, two autonomous republics, marking the constitutional recognition of Asabiya and Diyafa.

The governorates and autonomous republics are listed, and there is a description of their administrative divisions. Their internal organization is regulated by formal law and statutes, as well as their administrative centers. Only Rhea is explicitly named as the nation's capital. The constitution states that subdivisions of governorates and autonomous republics can be established and abolished by formal law. The constitution provides the opportunity for the central government to delegate political powers through devolution to subnational entities by statute. Legislation creating devolved parliaments or assemblies can be repealed or amended by the central government. Gandhara therefore forms a decentralised unitary state.

The constitution states that the list of administrative divisions is not exhaustive, and therefore it leaves open the possibility for other territories to join the Arab Republic as a governorate, autonomous republic, or other subnational entity. If a territory joins the Republic, it can be included in the list of subdivisions during a possible future revision of the constitution to give it its constitutional recognition.

Chapter 6: Revision of the Constitution

The last chapter describes the procedure to revise the constitution. It states that in case of a modification of the constitution, the text of the constitution itself is altered. To revise the constitution, the proposed changes must first be approved by the National Assembly and the Senate of the Parliament of Gandhara with a two-thirds majority in both houses (i.e. with at least 160 votes out of 240 in the National Assembly, and with at least 64 votes out of 96 in the Senate). After the approval of the Parliament, the proposed changes must be approved by the electorate in a referendum with a simple majority (more than 50%).

See also

• Constitutionalism
• Government of Gandhara
• Politics of Gandhara