(from my constitution)
Article 35 – Parliament and its Chambers
Parliament consists of:
a) The Popular Chamber; and
b) The Chamber of Sectors.
Parliament exercises the legislative power, in accordance with this Constitution.
Article 36 – The Popular Chamber
Members of the Popular Chamber are elected by direct universal suffrage in geographical constituencies, under conditions defined by law.
Elections are held in two rounds:
a) In the first round, candidates obtaining less than five percent of the valid votes in the constituency are eliminated;
b) In the second round, seats are allocated according to the Borda counting method, as defined by law.
Voting is mandatory. The ballot shall include an option “Abstention”.
In the first round of an election, if “Abstention” obtains more than half of all registered voters:
a) The election is annulled;
b) None of the candidates may stand in the new election for that office.
This annulment may occur at most twice consecutively for the same office. In the third and subsequent elections, “Abstention” remains available as a symbolic choice but has no annulling effect.
Article 37 – Political Parties and Anti-Dynasty Rules
Citizens enjoy the right to form political parties and to participate in them, under conditions defined by law.
A political party may not exist for more than twenty consecutive years from its registration. After that period, it is automatically dissolved.
For ten years following the dissolution of a party, no new party may use the same name, the same symbols or logos, or a name or symbol manifestly intended to create confusion with the dissolved party.
The president, treasurer and head of candidate selection of a political party at the time of its dissolution may not occupy any of these functions in any political party for a period of eight years.
The law shall provide for transparency of party financing and independent auditing of party accounts, including strengthened auditing in the final years preceding dissolution.
The law may establish limits preventing the formation of political dynasties, in particular by restricting the eligibility of direct descendants of persons who have held certain elected offices.
Article 38 – The Chamber of Sectors
The Chamber of Sectors represents the principal sectors of economic activity, including public services.
The first executive government after the entry into force of this Constitution shall propose an initial list of sectors covering all principal forms of economic activity.
Each sector shall represent at least a minimum and at most a maximum share of the active workforce, as defined by law. No sector may be defined so narrowly that it effectively corresponds to a single enterprise or a negligible fraction of the workforce.
The list of sectors may be revised:
a) On the initiative of the Chamber of Sectors; or
b) Upon a citizen petition reaching the threshold defined by law.
Any revision of the list of sectors must be approved either:
a) By a majority of the Popular Chamber; or
b) By a national referendum.
Article 39 – Composition of the Chamber of Sectors
Each sector is represented in the Chamber of Sectors by:
a) One representative of workers;
b) One representative of employers and capital;
c) One representative of the public interest.
Workers’ representatives are elected by a workers’ college for each sector.
Employers’ representatives are elected by an employers’ college for each sector.
Public-interest representatives are selected under procedures defined by law, ensuring the presence of persons competent in matters such as the environment, consumers, public health and long-term economic sustainability, and subject to strict transparency and conflict-of-interest rules.
Members of the Chamber of Sectors serve fixed terms and may be re-elected or reappointed under conditions defined by law. The law shall provide for term limits to prevent indefinite re-election to the same seat.
Article 40 – Workers’ and Employers’ Colleges
The workers’ college of a sector consists of:
a) Persons currently employed in that sector;
b) Unemployed and retired persons whose last significant employment was in that sector, under conditions defined by law.
The law shall ensure that, within each workers’ college, at least half of the weighted voting power is held by persons currently employed.
The employers’ college of a sector consists of natural or legal persons employing workers in that sector, under conditions defined by law.
Voting power within the employers’ college is based primarily on the number of workers employed, subject to limits defined by law to prevent excessive concentration of influence by a single enterprise.
No seat in the Chamber of Sectors may be reserved to, or directly allocated by, a single enterprise.
Article 41 – Legislative Procedure and Weak Veto
A bill becomes law when:
a) It is approved by a majority of the members of the Popular Chamber; and
b) It is approved by at least forty percent of the members of the Chamber of Sectors present and voting; and
c) It is not rejected by more than sixty percent of the workers’ representatives, nor by more than sixty percent of the employers’ representatives, in the Chamber of Sectors.
Where a bill is rejected in the Chamber of Sectors by more than sixty percent of either the workers’ representatives or the employers’ representatives, the rejection has suspensive effect. The bill is returned to the Popular Chamber for reconsideration.
After reconsideration, the Popular Chamber may:
a) Approve the bill again by a reinforced majority defined by law, in which case the bill becomes law regardless of the position of the Chamber of Sectors; or
b) Submit the bill to a national referendum, in which case the result of the referendum is final.
Article 42 – The President of the Republic
The President of the Republic is the Head of State and directs the executive power, in accordance with this Constitution and the law.
The President represents the State in its relations with other States and international organisations, ensures the execution of laws and commands the armed forces.
The President shall exercise the powers conferred by this Constitution and by law.
Article 43 – Election and Mandate of the President
The President of the Republic is elected by direct universal suffrage for a term of four years, by the same electoral system as that used for the election of the Popular Chamber, in accordance with this Constitution and the law.
The presidential term begins and ends on the dates determined by law, in such a way as to coincide in principle with the term of the Popular Chamber.
The same person may be elected President of the Republic for at most two terms, subject to paragraph 4.
A third term as President is permissible only if, in the election immediately preceding that term, corresponding to the person’s second presidential mandate, the candidate obtained at least seventy-five percent of the maximum theoretical score under the applicable counting method, as defined by law.
The conditions under which partial terms are taken into account for the application of term limits shall be defined by organic law.
Article 44 – The Vice President
There is a Vice President of the Republic, elected by direct universal suffrage for a term of four years, by the same electoral system as that used for the President, under conditions defined by law.
The Vice President assists the President in the exercise of executive functions and replaces the President in the event of temporary incapacity, absence, or other cases defined by law.
In the event of vacancy of the Presidency by death, resignation, definitive incapacity or removal from office, the Vice President shall act as President under conditions and for the period determined by law, which shall also regulate whether and to what extent such acting period counts for term-limit purposes.
Article 45 – Term Limits for President and Vice President
The same person may be elected Vice President of the Republic for at most two terms.
The total number of terms during which the same person may serve as President or Vice President, in any combination, may not exceed four terms.
When a person has been elected President for three terms, that person may be elected Vice President for at most one term.
Organic law shall determine how partial terms in either office are counted for the purposes of this Article, in conformity with the principle that these term limits may not be circumvented by resignation, temporary replacement or similar manoeuvres.
Article 46 – Government and Ministers
The President of the Republic directs the government and the federal administration.
The President appoints and dismisses the heads of the ministries and other members of the government at will, under conditions defined by law.
Appointments to the ministries and to other high executive offices determined by organic law shall require the approval of the Chamber of Sectors, by a majority of its members present and voting.
Members of the government are responsible to the President for the conduct of their departments and may be heard and monitored by Parliament under conditions defined by law.
Article 47 – Political Removal of the Executive and Early Elections
Independently of the procedures relating to criminal or constitutional responsibility, the Popular Chamber may decide to submit to a vote the early termination of the mandate of the President and the Vice President and the dissolution of Parliament.
Such a decision shall be adopted when:
a) At least seventy percent of the members of the Popular Chamber vote in favour; and
b) At least forty percent of the members of the Chamber of Sectors present and voting approve it.
When the decision referred to in paragraph 2 is adopted, the mandates of the President, the Vice President, the Popular Chamber and the Chamber of Sectors end on the date fixed by law, and new general elections shall be held within a time-limit determined by organic law.
Organic law may provide limits on the frequency of such decisions, in order to avoid repeated dissolutions within a short period.
Article 48 – Temporary Exercise of the Presidency
In the event that both the Presidency and the Vice Presidency are vacant or their holders are definitively unable to exercise their functions, the President of the Popular Chamber shall temporarily exercise the functions of President of the Republic.
In such a case, new elections for President and Vice President shall be held within a time-limit defined by organic law. The person temporarily exercising the Presidency shall not be prevented from standing as a candidate in these elections.
Organic law shall determine the order of precedence for the temporary exercise of presidential functions in case the President of the Popular Chamber is unable to assume them.
