Constitution of Eflad (Pacifica)
| Constitution of the Republic of Eflad | |
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| Original title | Verfassung für die Republik Eflad |
| Jurisdiction | Eflad |
| Ratified | 23 August 1953 |
| System | Federal parliamentary republic |
| Branches | 3 |
| Head of state | President of Eflad (Pacifica) |
| Chambers | Sænat Föderales Konzil |
| Executive | Prime Minister |
| Judiciary | Federal courts:
Ordinary Administrative Fiscal Labour Social |
| Federalism | Yes |
| Commissioned by | Münnen convention |
| Author(s) | Parlamentarischer Rat |
| Supersedes | Constitution of Eflad from 1840 |
| This article is part of a series on the |
| Politics of Eflad |
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The Constitution for the Republic of Eflad (Efladian Alman: Verfassung für die Republik Eflad) is the current constitution of the Republic of Eflad.
The modern Efladian constitution was approved in Münnen and came into effect on 23 August 1953. It is the successor of the Constitution of Eflad from 1840 which went into effect after the Efladian Revolution. It was intended to offer a fresh start for Eflad, especially after the Great War, and to bring the former constitution up to date without changing its substance.
In the preamble to the Constitution its adoption was declared as an action of the "Efladian people", and Article 19 states "The people shall be the bearers of state power." These statements embody the constitutional principles that 'Eflad' is identical with the Efladian people, and that the Efladian people act constitutionally as the primary institution of the Efladian state. Where the Constitution refers to the territory under the jurisdiction of this Efladian state, it refers to it as the 'federal territory', so avoiding any inference of there being a constitutionally defined 'Efladian national territory'.
The authors of the Constitution sought to ensure that slavery shall never again be able to be instituted. Another intention was to prevent a dictator like Meinhard Frank to be able to rise to power in Eflad. Although some of the Constitution is based on the old constitution, the first article is a protection of the human dignity ("Menschenwürde") and human rights; they are core values protected by the Constitution. The principles of democracy, republicanism, social responsibility, federalism, rule of law and neutrality are key components of the Constitution (Article 19). Articles 1 and 19 are protected by the so-called eternity clause ("Ewigkeitsklausel") Article 70 (2) that prohibits any sort of change or removal of the principles laid down in Articles 1 and 19.
Basic Rights
Basic rights (Efladian Alman: Grundrechte) are guaranteed in Eflad by the Federal Constitution and in some state constitutions. In the Constitution, most fundamental rights are guaranteed in the first section of the same name (Articles 1 to 18). They are subjective public rights with the constitutional rank which bind all institutions and functions of the state. In cases where a federal or state law or public ordinance is alleged to be in violation of these fundamental rights, the Constitution provides the constitutional complaint with an appeal to the Federal Constitutional Court (Article 78 paragraph 4e). Article 1 of these fundamental rights, which states that human dignity shall be inviolable and all state authority shall respect and protect it, cannot be changed or removed. The same is true of Article 19, which enshrines fundamental principles of the state—for example, that Eflad is a state of law, of democracy and which includes the neutrality clause. Some people think every basic right cannot be changed or removed. However, that is a misconception as other fundamental rights are not protected by Article 70 paragraph 2 (Eternity Clause).
Constitutional institutions
The Constitution established Eflad as a parliamentary democracy with separation of powers into executive, legislative, and judicial branches.
The executive branch consists of the largely ceremonial President of Eflad as head of state and the Prime Minister, the head of government, normally (but not necessarily) the leader of the largest grouping in the Senate of Eflad.
The legislative branch is represented by the Bundestag, elected directly through a mixed-member proportional representation, with the Efladian provinces participating in legislation through the Föderales Konzil, reflecting Eflad's federal structure.
The judicial branch is headed by the Federal Constitutional Court, which oversees the constitutionality of laws.
Presidency
In Eflad's parliamentary system of government, the Prime Minister runs the government and the day-to-day affairs of state. However, the Efladian President's role is more than merely ceremonial. By his or her actions and public appearances, the President of the Republic represents the state itself, its existence, its legitimacy, and unity. The President's office has an integrative role and the controlling function of upholding the law and the constitution. It has also a "political reserve function" for times of crisis in the parliamentary system of government. The President gives direction to general political and societal debates and has some important "reserve powers" in case of political instability (such as those provided for by Article 68). Under Article 45 paragraph 2, the President represents the Republic of Eflad in matters of international law, concludes treaties with foreign states on its behalf and accredits diplomats. Furthermore, all federal laws must be signed by the President before they can come into effect; however, they can only veto a law that they believe to violate the constitution.
Executive branch
The Prime Minister is the head of government and the most influential figure in Efladian day-to-day politics, as well as the head of the Government, consisting of ministers appointed by the President on the Prime Minister's suggestion. While every minister governs their department autonomously, the Prime Minister may issue overriding policy guidelines. The Prime Minister is elected for a full term of the Sænat and can only be dismissed by parliament electing a successor in a "constructive vote of no confidence"
Judicial branch
Federal Constitutional Court
The guardian of the Constitution is the Efladian Federal Constitutional Court (Bundesverfassungsgericht) which is both an independent constitutional organ and at the same time part of the judiciary in the sectors of constitutional law and public international law. Its judgements have the legal status of ordinary law. It is required by law to declare statutes as null and void if they are in violation of the Constitution. Although judgements of the Federal Constitutional Court are supreme over all other counts, it is not a court of appeal; the FCC only hears constitutional cases, and maintains sole jurisdiction in all such cases, to the exclusion of all other courts.
The Federal Constitutional Court decides on the constitutionality of laws and government actions under the following circumstances:
- individual complaint – a suit brought by a person alleging that a law or any action of government violated his or her constitutional rights. All possible solutions in the regular courts must have been exhausted beforehand.
- federal-provincial, provincial-provincial or inner provincial differences of opinion.
- abstract regulation control – the federal government, a government of one of the federal states or a quarter of the Bundestag's members can bring suit against a law. In this case the suit need not refer to a specific case of the law's application.
Other courts
Article 77 establishes federal and state courts for criminal offences and civil, family, administrative, financial, labour and social law disputes, as well as social courts as supreme courts in their respective areas of jurisdiction. Article 77 also authorises the establishment by federal law of yet non-existing court branches.
General provisions for the judiciary and rights of the accused
Article 77 provides for judicial independence. Article 14 abolishes capital punishment. Article 82 mandates a "fair, speedy and public trial", forbids retroactive criminal legislation and multiple punishment for the same criminal act. Article 83 mandates that deprivation of personal liberty must be provided for by statute and authorised by a judge before the end of the day following the arrest (analogous to the common law concept of Habeas corpus), and that a relative or a person in the confidence of the prisoner must be notified of a judicial decision imposing detention. The Efladian Constitution unmistakably outlines the presumption of innocence, it is noted in Article 82 (2).
Legislative branch
Sænat
The main body of the legislative branch is Eflad's parliament, the Sænat, which enacts federal legislation, including the budget. Each member of the Sænat has the right to initiate legislation, as do the cabinet and the Föderales Konzil. The Sænat also elects the Prime Minister, the head of government, usually (but not necessarily) the leader of the majority party or the party with a plurality of seats in the Sænat, and takes part in the election of the President of the Republic.
Föderales Konzil
The Föderales Konzil represents the provinces and participates in federal legislation. The Föderales Konzil's power has grown over the years, as the fields of federal legislation were extended at the expense of state legislation. In return, the number of laws requiring the assent of the Föderales Konzil was also extended.
Early elections
The Constitution contains no clear provision to call early elections. Neither the Prime Minister nor the Sænat has the power to call elections, and the president can do so only if the prime minister so requests after losing a vote of confidence. The latest and first successful usage of a motion of no confidence by the prime minister was on 15. March 2022, when then PM Dr. Erwitto Fircenza lost the vote after the socialist party left the coalition. It resulted in a dissolution of the Sænat and election of Hanna Tirng as new PM on the 22. April.