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[[Category:The Andorinhões]] [[Category:Law of the Andorinhões]]▼
{{WIP}}
{{Infobox constitution
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| electoral_college = Yes
| number_entrenchments =
| date_legislature = 27 AprilMay 1992
| date_first_executive = 7 September 1992
| number_amendments = 2
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}}
{{Politics of the Andorinhões}}
The present '''Constitution of the Andorinhões''' was adopted in 1992 after the [[Democratic Revolution of the Andorinhões|Democratic Revolution]]. It is renowned for its Part II: ''Fundamental Rights and Duties'' which is an extensive and modern bill of rights.
 
==Former AndorinhenseAndorinhean Constitutions==
 
===Holy Charter of 1487===
The Holy Charter of 1487 (''Santa Carta da Terra Soberana da Santa Cruz'', "Holy Charter of the Sovereign Land of the Holy Cross") is the first "constitution" of the Andorinhões. Being drafted on the Charter of the [[Order of the Holy Cross]], it established a form of government separate from the Order which previously ruled directly on the lands. It established a Chancellor as head of state and head of government.
 
===Constitution of 18041914===
The AndorinhenseAndorinhean Constitution of 18041914 (''Constituição Republicana de Merleta'', "Republican Constitution of Martlet") is the first official codified constitution of the Andorinhões. It established the republican form of government with an elected President.
 
===Constitution of 1971===
The AndorinhenseAndorinhean Constitution of 1971 (''Constituição das Ilhas Merletas'' "Constitution of the Martlets Islands) is the second codified constitution of the Andorinhões.
 
===Constitution of 1973===
The AndorinhenseAndorinhean Constitution of 1973 (''Constituição Popular do Povo das Ilhas Andorinhas'' "Popular Constitution of the People of the Islands Andorignas) is the third codified constitution of the Andorinhões. Following the ''coup d'état'' by [[Octávio Forte]], a constitution was established which abolished elections and political parties and established a dictatorship with Forte as both the head of state and head of government.
 
===Revised Constitution of 1990===
The AndorinhenseAndorinhean Revised Constitution of 1990 (''Constituição Revisada'' "Revised Constitution) is a lightly modified constitution which abolished the disposition which prevented the formation of political parties and democratic elections. Following the death of Octávio Forte, political pressure was mounting against the government to introduce changes into the political system. This led to the [[Democratic Revolution of the Andorinhões|Democratic Revolution]] asking for a new form of government.
 
==Constitution of 1992==
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==Provisions==
The AndorinhenseAndorinhean Constitution includes the Preamble and XXX articles. The articles are organized in the Fundamental Principles, six parts plus the Final and Transitory Dispositions. The parts are subdivided in titles and some of the titles are subdivided in chapters and sections.
 
===Preamble===
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<blockquote>Preamble
 
The successive proclamations of the Sovereign State of the Holy Cross, the Martletan Republic, the Socialist Republic of the Martlets Islands and the People’s Republic of the Andorignas represents some of the apex moments in the History of the AndorinhenseAndorinhean Nation. A feature of our identity and revitalization of our condition as a People sharing the steadfast hope of crafting on these isles the conditions for a dignifying existence for all, Independence also gave way to the Andorinhões becoming a full-fledged member of the international community.
 
Nevertheless, the affirmation of the independent State and the forming of a pluralist democratic regime were never coincidental, as prior to the organization of political power, the philosophy and principles characteristic of one-party-rule regimes had always been followed.
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===Part I: Fundamental Principles===
The Part I of the Constitution defines the fundamental principles. It includes XX15 articles (XXthArticle 1 to XXthArticle 15), subdivided in two titles : ''On the Constitutional State'' and ''International Relations and International Law''.
 
The first title consists of matters relating to the foundation of the Constitutional State, it's organization as a State of Democratic Law, its sovereignty and constitutionality, the exercise of political power, the exercise of citizenship, its territory, the fundamental tasks of the State, the [[National symbols of the Andorinhões|National symbols]], the official languages, the status of [[São João das Ilhas]] as capital of the nation and the special status of the [[Order of the Holy Cross]].
===Part II: Fundamental Rights and Duties===▼
The Part II of the Constitution defines the fundamental rights and duties. It includes XX articles (XXth to XXth), subdivided in five titles.▼
 
The second title consists of matters relating to the international relations of the Andorinhões, the incorporation of international law and international treaties and agreements within the legal system of the nation and the accession of the Andorinhões to international treaties or agreements.
Title I states the general principles of the fundamental rights and duties.
 
▲===Part II: Fundamental Rights and Duties ===
Title II refers the rights, liberties and guaranties, namely the individual ones (Chapter I), the political participation ones (Chapter II) and the workers ones (Chapter III).
▲The Part II of the Constitution defines the fundamental rights and duties. It includes XX76 articles (XXth16th to XXth91st), subdivided in five titles : ''General Principles'', ''On Individual Rights, Liberties and Guarantees'', ''Economic, Social and Cultural Rights and Duties'', ''Fundamental Duties'' and ''On the Family''.
 
The first title consists of matters relating to recognition of the rights, liberties and guarantees, their scope and their protection. It establishes the principles on the access of justice, the principles of universality and equality as well as creating the position of [[Provider of Justice of the Andorinhões|Provider of Justice]]. It also provides a right to resistance.
Title III refers the economical, social and cultural rights and duties.
 
The second title states the rights, liberties and guaranties, namely the individual ones (Chapter I), the political participation ones (Chapter II) and the workers ones (Chapter III). The first chapter includes the rights to life, to liberty, to nationality, to privacy among others. It also provides the freedoms of expression, of information, of conscience, to learn, of association and of assembly among others. The chapter also includes provisions for the application of criminal law, the principles of criminal procedures and the procedures of expulsion and extradition. The second chapter includes the rights to participate in political life, to public functions and elected offices, to form political parties, to broadcasting time, of petition and popular action and guarantees the freedom of the press. The third chapter includes the rights to work, to pay and to strike and the freedom of professional and trade union association among others.
Title IV refers to the fundamental duties.
 
The third title states the economic, social and cultural rights and duties, such as the rights to private property, to social security, to health, to housing, to the environment, to education and to culture among others. It also states the rights of some categories of people such as children, the disabled or the elderly.
Title V refers to the family.
 
The fourth title consists of matters relating to the duties of the people such as the duties towards one's peers, the Nation and the community and towards the authorities.
 
The fifth title consists of matters relating to the family, namely its protection and by the society and by the State, the tasks of the State towards the family and establishes principles on parenthood and childhood.
 
===Part III: Economical and Financial Organization===
The Part III defines the economical and financial organization and includes XX4 articles (XXth92nd to XXth95th).
 
It consists of the general principles of economic organization, of the fiscal system and the State Budget as well as the creation of the [[Bank of the Andorinhões]].
 
===Part IV: Exercise of the Political Power===
The Part IV defines the exercise of the political power and includes XX24 articles (XXth96th to XXth119th) subdivided in one title : ''Forms of Exercise of the Political Power''.
 
TitleThe Isole title states the forms of exercise of the political power, namely the general and common principles (Chapter I), the referendum (Chapter II) and the suffrage (Chapter III), especially its general principles (Section I), the election of the [[Governor of the Andorinhões|governorGovernor]] (Section II) and the election of the [[Deputies of the Andorinhões|deputiesDeputies]] (Section III). The first chapters consists of matters related to the electoral census, the electoral campaign, the supervision and judgement of elections. It also establishes the electoral constituencies and creates the [[Office of Elections of the Andorinhões|Office of Elections]]. The second chapter consists of matters related to the referendums. The third chapter consists, in the first section, of matters related to the suffrage such as the conversion of votes, the introduction of candidates and their immunity and the scheduling of dates of elections. In its second section, it consists of matters related to the election of the Governor namely, the election method, the eligibility, the election date and the system of election. In its third section, it consists of matters related to the election of the Deputies, its suffrage by lists, the conditions of eligibility and states the right to opposition.
 
=== Part V: Organization of the Political Power===
The Part V defines the organization of the political power and includes XX articles (XXth to XXth), subdivided in ten titles.
 
Title I refers to the general and common principles.
 
Title II refers to the [[Governor of the Andorinhões|governorGovernor]], namely its definition, mandate and inauguration (Chapter I), its statute (Chapter II) and its competence (Chapter III).
 
Title III refers to the [[National Assembly of the Andorinhões|nationalNational assemblyAssembly]], namely its definition, composition and dissolution (Chapter I), its organization (Chapter II), its functioning (Chapter III), its drafting of acts (Chapter IV), especially its initiative of the law and referendum (Section I) and its discussion and vote (Section II), as well as the statute of its deputies (Chapter V), its competence (Chapter VI), especially its competence in the practice of organizational and functional acts (Section I) and its legislative and political competence (Section II).
 
Title IV refers to the [[Government of the Andorinhões|governmentGovernment]], namely its function, political responsibility, composition and organization (Chapter I), especially its function and responsibility (Section I) and its composition and organization (Section II), as well as the commencement and termination of its functions (Chapter II), the formation and continuation of government (Chapter III), especially its formation (Section I), the political and criminal responsibility of its members (Section II) and its motion or confidence, of censure and its resignation (Section III), as well as its competence (Chapter IV).
 
Title V refers to the judicial power, namely its general principles (Chapter I), the organization of the Tribunals (Chapter II), the statute of its judges (Chapter III), the [[Public Ministry of the Andorinhões|publicPublic ministryMinistry]] (Chapter IV) and the attorneys (Chapter V).
 
Title VI refers to the local power.
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Title VIII refers to the national defense.
 
Title IX refers to the auxiliary organs of organs of political power, namely the [[Commission of the State of the Andorinhões|commissionCommission of the State]] (Chapter I) and the [[Commission of the Economy, the Society and the Environment of the Andorinhões|commissionCommission of the economy, the society and the environment]] (Chapter II).
 
Title X refers to the form and hierarchy of the acts, namely the acts of the governor (Chapter I), the form of legislative and normative acts (Chapter II), the resolutions and motions (Chapter III) and their hierarchy and publication (Chapter IV).
 
===Part VI: Guarantees of Defence and Revision of the Constitution ===
The Part VI defines the guarantees of defence and revision of the Constitution and includes XX articles (XXth to XXth) subdivided in three title.
 
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==See also==
 
{{Navbox Andorinhões}}
==External links==
*{{Official website|1=https://web.archive.org/web/20141022091934/http://app.parlamento.pt/site_antigo/ingles/cons_leg/Constitution_VII_revisao_definitive.pdf}}
 
[[Category:Andorinhense law]]
▲[[Category:The Andorinhões]]
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