Québec sera
libre, Québec sera la
république.
Le régime de la monarchie, le
pouvoir de la famille royale étranger est le rudiment dernier du
féodalisme dans la société moderne.
Qui premier
refusera ce rudiment : l'Australie?
La Flandre? Le Québec? L'Ecosse?
Les Nations
prennent la décision, si les leaders nationaux leur permettent faire
cela.
The Constitution of Québec
(Project)
Chapter 1. Fundamental provisions.
Chapter 2. The rights and duties of citizens.
Chapter 3. Legislature.
Chapter 4. Executive power.
Chapter 5. Judicial authority.
Chapter 6. Regions.
Chapter 7. Revision of the Constitution.
Chapter 8. Additional positions.
Chapter 1. Fundamental provisions.
Article 1.1
1. The
Republic of
2. The
national sovereignty and power in the
Article 1.2
The
sovereignty of the
Article 1.3
1. State
power in the
2. The Head
of the State shall be the President of the
Article 1.4
The state
language of the
Article 1.5
1. The
Republic of
2. The
Republic of
Article 1.6
2. The arms
of the
3. The text
and music of a national anthem shall be established by law.
Article 1.7
The Capital
of the
Article 1.8
The
Article 1.9
1.
Citizenship of the
2. Citizens
of the
4. The
possession citizenship of the
Chapter 2. The rights and duties of citizens.
Article 2.1 Right to life.
Nobody can be
deprived a life. Human life shall be an absolute value. Capital punishment
shall be not applied.
Article 2.2 Right to physical inviolability.
Nobody should
be exposed to tortures, violence, other severe or humiliating human advantage
or punishment. Nobody can be subjected without the voluntary consent to
medical, scientific or other experiences.
Article 2.3 Right to creation of family.
Men and women
who have achieved majority shall may marry and found family without any
restrictions on the basis of race or religions. The family is a natural and
basic cell of a society. Marriages between persons of one sex do not admit and
are not registered.
Article 2.4 Right to support from the society and the states.
The society
and the state supports to each person in the childhood, an old age, in case of
illness, physical inability, loss of the supporter and for education of
children.
Article 2.5 Right to health protection.
The qualified
medical aid should be rendered to everyone who requires it. The society and the
state assists development of public health services
system, physical training and sports, and also ecological and
sanitary-and-epidemiologic well-being.
Article 2.6 Right to a home.
Nobody may be
arbitrarily deprived of his (her) home. The society and the state assists housing construction.
Article 2.7 Right to inviolability of home.
Nobody shall have the right to enter
a dwelling place against the will of those residing therein, except in those
cases provided for by laws or on the basis of a court order.
Article 2.8 Right to a freedom of travel and a choice of a residence.
Everyone shall may travel
freely and freely to choose the place of temporary or permanent residence and
freely leave
Article 2.9 Right to work.
Everyone shall may freely choose to the employment, being a source of
means to his existence. Working conditions should be favorable. Compensation
for work should provide worthy the person existence for him and his families.
Compulsory labour shall be forbidden.
.
Article 2.10 Right to a private property.
Everyone shall have the
right to have property and to possess, use and dispose of it both individually
and jointly with other persons. Nobody may be deprived of property except under
a court order. Possession, using and the order the ground and other natural
resources is carried out by their proprietors freely if it does not render
damage to an environment and does not break the rights and legitimate interests
of other persons. The society assists development of private business. The
right of inheritance shall be guaranteed.
Article 2.11 Right to personal secret and inviolability of a private
life.
Nobody may be exposed to
any intervention in his (her) personal and home life, to privacy of
correspondence and of telephone conversations. Collecting, keeping, using and
disseminating information about the private life of a person shall not be
permitted without his (her) consent.
Article 2.12 Right to education.
Everyone
shall may receive education which considers for himself
possible and necessary. Basic general education shall be compulsory and
free-of-charge.
Article 2.13 Right to freedom of conscience and religion.
Everyone shall may
profess individually or collectively any religion or not to profess any
religion, and freely to choose, possess and disseminate religious and other
convictions and act in accordance with them.
Article 2.14
Right to freedom of belief and on free their expression.
Everyone shall
may free adhere to the belief, receive, transfer, make and distribute any
information, except the information raising social, racial, national and
religious hatred and enmity. Censorship shall be prohibited.
Article 2.15 Right to freedom of peace assemblies and associations.
Everyone
shall may be the participant of any assembly, meeting, demonstration,
Article 2.16 Right to a cultural autonomy.
Nobody shall may interfere someone to receive, transfer, make and
distribute the information in any language.
Article 2.17 Right to free participation in a cultural life.
Everyone
shall may participate in cultural life of a society and use cultural
establishments and have access to cultural valuables, not demaging
it.
Article 2.18 Right to protection by the law and court.
Human
relations shall be regulated by laws. The disputes arising in human relations
shall be resolved by courts according to laws. The state provides creation of
fair laws and fulfilment of a verdict of courts, and
also pursues the persons who are breaking laws and not carrying out a verdict
of courts. Nobody may be deprived of the right to have his (her) case heard in
the court. Everyone shall have the right to protect his (her) rights and
freedoms by all means not prohibited by law.
Article 2.19 Right to equal protection by the law and the court.
All people
shall be equal before the law and court regardless of sex, race, nationality,
language, origin, material and official status, place of residence, attitude to
religion, convictions, membership of public associations, or of other
circumstances.
Article 2.20 Right to freedom and inviolability of person.
Nobody can be
subjected to any arrest, detention or exile. Arrest, detention and keeping in
custody shall be permissible only under a court order. A person may not be
detained for more than 48 hours without a court order.
Article 2.21 Right to reception of a legal aid.
Everyone shall be
guaranteed the right to qualified legal assistance. In the cases envisaged by
law, legal assistance shall be provided free of charge. Any person detained,
taken into custody or accused of committing a crime shall have the right to use
the assistance of a lawyer (counsel for the defence)
from the moment of being detained, placed in custody or accused.
Article 2.22 Right to a presumption of innocence.
Any person
accused of committing a crime shall be considered innocent until his (her)
guilt is proven in accordance with the procedure stipulated by law and is
confirmed by a court sentence which has entered into legal force. The accused
shall not be obliged to prove his (her) innocence. Irremovable doubts about the
guilt of a person shall be interpreted in favour of
the accused.
Article 2.23 Right to not testify against itself and close relatives.
Nobody shall be obliged
to testify against him self, his (her) spouse or close relatives, the range of
whom shall be determined by law. Law may establish other cases where the
obligation to give evidence may be lifted.
Article 2.24 Right to magnanimous legal proceedings.
Nobody may bear liability
for an action, which was not regarded as a crime when it was committed. If,
after an offense has been committed, the extent of liability for it is lifted
or mitigated, the new law shall be applied. Nobody may be convicted twice for
one and the same crime. In administering justice it shall not be permitted to
use evidence received through violating federal law. Any person convicted of a
crime shall have the right to appeal against the verdict to a higher court in
accordance with the procedure established by federal law, as well as to request
pardon or mitigation of the punishment.
Article 2.25 Right to the reference in the state bodies.
Everyone shall have the
right to appeal in person and make individual and collective appeals to State
bodies and local self-government bodies.
Article 2.26 Suffrage.
Citizens of
the
Article 2.27 Right to work in official bodies.
Only citizens
of
Article 2.28 Right to participation in departure of justice.
Only citizens
of the
Article 2.29 Right to protection from the State.
The citizen
of the
Article 2.30
The citizen
of the
1) to observe laws of the
2) to pay taxes.
Chapter 3. Legislature.
Article 3.1
The National
Assembly shall be the representative and legislative body of the
Article 3.2
The National
Assembly shall consists of two chambers: the Houses of
Representatives and the Senate.
Article 3.3
1. The House
of Representatives shall consists of 120 deputies
elected for a term 4 years.
2. The House
of Representatives Elections shall be 5-th of November everyone noleap-year. Deputies of the Houses of Representatives
shall be elected on system of proportional representation according to the law.
3. Any
citizen of the
Article 3.4
1. The Senate
shall include three representatives from each region. Each senator shall be
elected for a term of 6 years.
2. Senators
shall be elected on 5-th of November each even year in such a manner that on
elections voters always elect one senator, and accordingly, the Senate each two
years is updated on one third of structure.
3. Any
citizen of the
Article 3.5
1. One
and the same person may not be simultaneously and a deputy of the Houses of
Representatives and a senator. The deputy of the Houses of Representatives and
the senator may not be employed in State service or engage in other paid
activities, except for teaching and scientific and other creative work.
.
2. Deputies
of the Houses of Representatives and senators shall enjoy immunity during the
whole term of their office. The citizen elected by the deputy the Houses of
Representatives or the senator may not be detained, arrested or searched,
except in the event of detention at the scene of a crime. The issue of the
removal of immunity shall be resolved by an appropriate chamber of the National
Assembly upon submission of the Prosecutor General of of
the
Article 3.6
1. The
National Assembly shall be a permanently functioning body. Nobody should
interfere with elections, convocation and work of the National Assembly. The
National Assembly may not be dissolved someone.
2. The annual
session of the National Assembly begins on 7-th of January and comes to an end
not later on 30-th of December year in which has begun. Necessary breaks in
work of chambers of the National Assembly during session are established by
chambers independently.
3. The House of
Representatives and the Senate shall hold separate sessions. Sessions of
chambers of the National Assembly shall be open. In the cases envisaged by the
procedural regulations of a chamber, the latter shall have the right to hold
closed-door sessions. Chambers of the National Assembly may hold joint sessions
to hear messages of the President of the
4. The House of Representatives shall elect
from among its members the Chairman of the House of Representatives and and his (her) deputies who shall may be re-elected.
5. The Senate
shall elect from among its members the Chairman of the Senate and and his (her) deputies who shall may be re-elected.
6. The House
of Representatives and the Senate shall adopt its procedural regulations and
resolve issues relating to the routine procedures for its activities, set up
committees and commissions including Budgetary
committee which order of activity according to the law.
Article 3.7
The National
Assembly:
1) shall adopt laws;
2) shall establish taxes;
3) shall establish judicial bodies;
4) shall establish regions;
5) shall make a decision on an opportunity of use of Armed
forces of the
6) shall ratifie and denounce of
treaties with the foreign states;
7) shall announcement of amnesty.
Article 3.8
The Senate
shall confirms or refuses in the statement on a post of members of the cabinet,
except for the Prime minister, of diplomatic representatives of the Republic of Quebec
in the foreign states and the international organizations, and also shall
appoints judges of the Supreme Court of the Republic of Quebec and the General
Prosecutor of the Republic of Quebec by the President of the Republic of Quebec
representation.
Article 3.9
1. The bill shall may proceed from group of deputies or from group of
senators, from the President of Scotland, and also from the Supreme Court of
the
2. Originally
the bill shall be considered by the House of Representatives and if the bill
proceeds from group of senators by the Senate.
3. The bill
has voted more half from present members of chamber if in voting participated
not less than half from list structure of members of chamber shall be approved.
Deputies and senators absent at session shall lose a vote.
4. The bill
approved by the National Assembly shall be the law. An adopted law shall be
submitted within five days to the President of the
5. The
President of the
6. If the
President of the
7. The law
shall be effect from the moment of its publication. Not published law shall be
invalid.
Article 3.10
Force of the
law shall have international treaties ratified by the National Assembly, positions of other laws contradicting them shall
cancel.
Article 3.11
Decisions
accepted by means of the national referendum shall have force of the law, positions of other laws contradicting them shall
cancel.
Chapter 4. Executive power.
Article 4.1
Executive
power in the
Article 4.2
The President
of the
The President
of the
Article 4.3
The President
of the
Article 4.4
Any citizen of the
Article 4.5
1. The
President of the
2. Nobody may
hold the office of the President of the
3. The
President of the
4. The President of the
Article 4.6
The beginning
of a term of appointment of the President of the
Article 4.7
The President
of the
1) shall sign and promulgate laws;
2) shall issue decrees;
3) shall submit bills to the National Assembly;
4) shall announce national referendums;
5) shall address the National Assembly with annual messages on
the situation in the country;
6) shall submit bills of the national budget to the National
Assembly;
7) shall appoint and relieve of their post ministers, any other
persons in establishments of executive authority of the
8) shall present to the Senate candidates for the post of
judges of the Supreme Court of the
9) shall appoint and relieve of governors of regions;
10) shall introduce a state of emergency on the territory of the
11) shall be the Supreme Commander-in-Chief of the Armed Forces
of the
12) shall make a decision on use of parts of Armed forces of the
13) shall appoint and dismiss supreme commanders of the Armed
Forces of the
14) shall confer general's and admiral's ranks;
15) shall confer honorary titles of the
16) shall represent the
17) shall hold negotiations and sign international treaties of
the
18) shall appoint and dismiss diplomatic representatives of
19) shall receive letters of credence and letters of recall of
diplomatic representatives accredited to the
20) shall grant pardon;
21) shall create any advisory bodies which will consider
necessary for the best execution of the powers.
Article 4.8
1. The
President of the
2. The
President of the
3. The Prime
minister shall direct duties of the President of the
Article 4.9
The
Government:
1) shall puts into practice laws;
2) shall develop bills;
3) shall develop a national budget.
Article 4.10
The National
Election Commission shall organize elections of the National Assembly, the
President of the
The National
Election Commission shall work according to laws.
Article 4.11
The Chairman
of the National Election Commission shall be not the member of the Government
and shall be appoint to the post by the Senate on representation of the
President of the
Chapter 5. Judicial authority.
Article 5.1
Justice in
the
Article 5.2
1. Judges of
all courts shall form the Magistracy of the
2. Judges of
all courts shall be independent and shall be subordinate only to the law.
3. Judges of all courts
shall be irremovable, the powers of a judge may be
terminated or suspended only on the grounds and in accordance with the
procedure established by law.
4. Judges of all courts
shall be inviolable, a judge cannot face criminal
liability otherwise than in accordance with the procedure established by law.
Article 5.3
The
examination of cases in all courts shall be open. Cases may be heard in closed
sessions in those instances where this is permitted by law. Judicial
proceedings shall be conducted on the basis of controversy and the equality of
the parties concerned.
Article 5.4
1. The
Supreme Court of the
2. The
Supreme Court of the
3. The
Supreme Court of the
Article 5.5
The Supreme
Court of the
1) shall provide interpretation of positions of the
Constitution upon request of the House of Representatives, the Senate, the
President of the
2) shall decide on cases on conformity to the Constitution:
- laws of the
- legal acts of the Government,
- legal acts of regions,
- international treaties of the
3) shall resolve disputes on authority:
- between the National Assembly and the President of the
- between the House of Representatives and the Senate,
- between State government bodies of the
- between regions.
Article 5.6
Acts or certain
provisions thereof, which are recognized as unconstitutional, shall lose force;
international treaties of the
Article 5.7
1. The office
of the Prosecutor General shall control over observance of laws in all
territory of the
2. The
Prosecutor General of the
3. The
Prosecutor General shall appoint to the post of public prosecutors of regions
and special public prosecutors.
4. The
powers, organisation and procedure for the activities
of the office of the Prosecutor General of the
Chapter 6. Regions.
Article 6.1
1. Regions of
the
2. The
internal life of each region shall be regulated by the Charter of region which
may not contradict the Constitution of the
Article 6.2
1. The
Council of region shall be the representative authority in region. Members of
Council of region shall be elected for 4 years by the population of region.
Elections shall be on 5-th of November each leap-year.
2. The
Governor of region shall be executive authority in region. The Governor of
region shall be appointed by the President of the
3. Justice in
regions shall be administered by court according to the law.
Article 6.3
The joint
competence of the State authorities of the
1) external and internal security of the
2) taxation;
3) social protection of citizens;
4) public health services and sports;
5) education and a science;
6) protection of monuments of history and culture;
7) libraries, museums, archives;
8) use of natural resources;
9) development of fuel and energy system;
10) preservation of the environment;
11) development of transport system;
12) struggle against accidents, acts of nature, epidemics and
their consequences.
Article 6.4
Regions may
not:
1) adopt any legal acts
contradicting the Constitution and laws of the
2) limit the
right of citizens to live and work in any place of territory of the
3) establish
customs borders, interfere free movement of the goods, services and financial
assets in territory of the
4) make a currency issue.
Article 6.5
1. Regions
shall consist of
municipal districts.
2. The
internal life of each municipal district shall be regulated by the Charter of
municipal district which may not contradict the Charter of region.
Chapter 7. Revision of the Constitution.
Article 7.1
The bill
amendments to and revision of the provisions of the Constitution may be
submitted by the Houses of Representatives, the Senate, the President of the
Article 7.2
The bill
amendments to and revision of the provisions of the Constitution should be by a
majority of not less than two thirds of the total number of deputies of the
House of Representatives, by a majority of not less than two thirds of the
total number of members of the Senate, then not later than 6 months the
national referendum should be lead. In case of if the bill during a national
referendum receives 50 % + 1 voice accepted participations in voting citizens
of
Article 7.3
Articles 1.1,
1.2, 1.3, 1.4, 1.5 of the Constitution may not be revised.
Article 7.4
Laws in force
both other statutory acts and the decrees conflicting the amendment to the
Constitution, will hold good before their reduction
conformity with the Constitution.
Chapter 8. Additional positions.
Article 8.1
Deputies of
the National Assembly of Quebec elites in ____ year shall keep the powers till
January, 6-th, ____.
Article 8.2
The President
of the Republic of Quebec executing powers till January, 5-th, ____ shall
be elected by the the National Assembly of Quebec.
Article 8.3
The term of
appointment of deputies of the House of Representatives elected in ____ shall
be from January, 7-th, ____ till January, 6-th, ____.
Article 8.4
The Senate
shall be a functioning body:
a) from January, 7-th, ____ till January, 6-th, ____ at
election in its one senator from region;
b) from January, 7-th, ____ till January, 6-th, ____ at
election in its two senators from region.
©2007 Andrey Valyuzhenich e-mail: a-vech@yandex.ru