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azadi

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Chapter 1 - General provisions:

Article 1:

1. The Kingdom of Kurdistan is a sovereign, democratic and secular state, whose form of government is a monarchy.
2. The names Kingdom of Kurdistan and Kurdistan are equipollent.

Article 2: 

1. The sovereignty of Kurdistan shall extend to the entirety of its territory.
2. Kurdistan has no territorial claims against the Republic of Turkey, the Islamic Republic of Iran or the Syrian Arab Republic.
3. The Constitution of Kurdistan and the laws of Kurdistan shall have supremacy on the entirety of the territory of Kurdistan.

Article 3: 

Legislative State power in Kurdistan shall be exercised by the Parliament of Kurdistan and by the Shah of Kurdistan. Executive State power in Kurdistan shall be exercised by the Shah of Kurdistan and by the Government of Kurdistan. Judicial State power in Kurdistan shall be exercised by the courts of Kurdistan.

Article 4: 

The Kurdish language shall be the sole State language of Kurdistan.

Article 5:

The state flag, emblem and anthem of Kurdistan, their description and the procedure for the official use thereof shall be established by law.

Article 6:

The Constitution of Kurdistan shall have supreme legal force, direct effect and shall be applicable on the entire territory of Kurdistan. Laws and other legal acts, which are adopted in Kurdistan, must not contradict the Constitution of Kurdistan.



azadi

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Chapter 2 - Civil rights and freedoms:

Article 7:

1. Citizenship of Kurdistan shall be acquired and terminated in accordance with law, and shall be one and equal, irrespective on the grounds on which it was acquired.
2. A citizen of Kurdistan may not be deprived of his (her) citizenship or of the right to change it.
3. A citizen of Kurdistan may have citizenship of a foreign state (dual citizenship) in accordance with law or an international treaty of Kurdistan.
4. The possession of foreign citizenship by a citizen of Kurdistan shall not diminish his (her) rights and freedoms and shall not release him (her) from obligations stipulated for Kurdish citizenship, unless otherwise specified by law or an international treaty of Kurdistan.

Article 8:

Discrimination against citizens of Kurdistan on the basis of religious affiliation, race, ethnicity or national origin shall be prohibited.

Article 9:

Everyone shall be guaranteed freedom of religion, including the right to profess individually or collectively any religion or not to profess any religion, to change religion, and freely to choose and possess religious beliefs and convictions.

Article 10:

1. Everyone shall be guaranteed freedom of thought and speech. Censorship shall be prohibited.
2. Nobody shall be forced to express his (her) thoughts and convictions or to deny them.
3. The freedom of speech may be limited in the cases of propaganda of or agitation for the forcible change of the constitutional system, agitation for or incitement to violence, insults of religious feelings, and publications of state secrets.

Article 11:

1. Everybody shall have the right of association. The freedom of activity of public associations shall be guaranteed.
2. Nobody may be compelled to join any association or to stay there.
3. The establishment and activities of public associations whose goals and activities are aimed at the forcible changing of the constitutional system, at undermining the security of Kurdistan, and at creating armed units shall be prohibited.

Article 12:

Citizens of Kurdistan shall have the right to assemble peacefully, without weapons, hold rallies, mass meetings and demonstrations, marches and pickets. 

Article 13:

Arrest, detention and keeping in custody shall be permissible only under a court order. 

Article 14:

Everybody shall have the right to privacy of correspondence, of telephone conversations and of postal and other communications. This right may be limited only on the basis of a court order.

Article 15:

The home shall be inviolable. 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 16:

1. Everyone who is legally present on the territory of Kurdistan shall have the right to travel freely and freely to choose the place of temporary or permanent residence.
2. Everyone may freely leave Kurdistan. Citizens of Kurdistan shall have the right freely to return to Kurdistan.

Article 17:

1. The right of private property shall be protected by law.
2. Everyone shall have the right to have property and to possess, use and dispose of it both individually and jointly with other purposes.
3. Expropriation of private property may only take place if it is in the interest of the society as a whole and may only take place subject to prior and fair compensation.
4. The right of inheritance shall be guaranteed.
Windemere

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Reply with quote  #3 
Quote:
Originally Posted by azadi
Chapter 1 - General provisions:

Article 1:

1. The Kingdom of Kurdistan is a sovereign, democratic and secular state, whose form of government is a monarchy.
2. The names Kingdom of Kurdistan and Kurdistan are equipollent.

Article 2: 

1. The sovereignty of Kurdistan shall extend to the entirety of its territory.
2. Kurdistan renounces all territorial claims against the Republic of Turkey, the Islamic Republic of Iran and the Syrian Arab Republic.
3. The Constitution of Kurdistan and the laws of Kurdistan shall have supremacy on the entirety of the territory of Kurdistan.

Article 3: 

Legislative State power in Kurdistan shall be exercised by the Parliament of Kurdistan and by the Shah of Kurdistan. Executive State power in Kurdistan shall be exercised by the Shah of Kurdistan and by the Government of Kurdistan. Judicial State power in Kurdistan shall be exercised by the courts of Kurdistan.

Article 4: 

The Kurdish language shall be the sole State language of Kurdistan.

Article 5:

The state flag, emblem and anthem of Kurdistan, their description and the procedure for the official use thereof shall be established by law.

Article 6:

The Constitution of Kurdistan shall have supreme legal force, direct effect and shall be applicable on the entire territory of Kurdistan. Laws and other legal acts, which are adopted in Kurdistan, must not contradict the Constitution of Kurdistan.



Thank you for introducing us to the word 'equipollent'. I suspect it's the first time it's ever appeared on this forum.

I'm a bit leery of how the Kurds of Turkey, Iran, and Syria may respond to this. It may be setting things up for serious territorial conflicts in the future. It's gratifying that Kurdistan is renouncing its territorial claims in these adjacent nations, but who among us knows what kind of pandora's box this may open up in the future. The autonomous province of Kurdistan in northern Iraq seems , in spite of its past troubles, to be doing well now. I might be inclined to let things be at the present.  The Barzani and Talabani families seem to have been providing leadership there for several generations now, and perhaps they could quietly morph into some sort of hereditary aristocracy for the province (which is actually a small step towards monarchy).

Postscript:  Actually, I'm mistaken about 'equipollent'. Searching back, the work 'equipollence' did appear many years ago (in 2009, before my time) on this forum. Although maybe this is the first time that it's ever been used in a constitution.

__________________
Dis Aliter Visum "Beware of martyrs and those who would die for their beliefs; for they frequently make many others die with them, often before them, sometimes instead of them."
Peter

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Reply with quote  #4 
It's a great word and was new to me also. I had a question or two but thought I would wait to respond until all parts were completed. Since I'm writing anyway, I don't quite see how 10.4 would work. New state secrets could arise at any time and their status would surely have to be determined by executive authority, not a process of law (which could make it very difficult for them to remain secret). Also 13, which first says you can't be detained without a court order, then says you can't be detained without a court order for more than 48 hours. Which is it?
azadi

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Chapter 2 - Civil rights and freedoms:

Article 18:

1. Receiving a basic general education shall be compulsory. The basic general education shall be free of charge.
2. Everyone, who is sufficiently qualified, shall have the right to receive a university education or another type of higher education. University education and other types of higher education shall be free of charge.

Article 19:

Marriage is the voluntary union of one man and one woman.

Article 20:

1. Nobody may be deprived of the right to have his (her) case heard in the court and by the judge within whose competence the case is placed by law.
2. Any person accused of committing a crime shall have the right to have his (her) case examined by a court with the participation of a jury in the cases envisaged by law.

Article 21:

1. Everybody shall be guaranteed the right to qualified legal assistance. In the cases envisaged by law, legal assistance shall be provided free of charge.
2. 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 22:

1. 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 verdict which has entered into legal force.
2. The accused shall not be obliged to prove his (her) innocence.
3. Irremovable doubts about the guilt of a person shall be interpreted in favour of the accused.

Article 23:

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 law, as well as to request pardon or mitigation of the punishment.

Article 24:

1. A law, which introduces or increases liability, shall not have retroactive force.
2. 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.

Article 25:

1. In the conditions of a state of emergency, in order to ensure the safety of citizens and the protection of the constitutional order and in accordance with law, certain restrictions may be imposed on civil rights and freedoms with an indication of their limits and the period for which they have effect.
2. The rights and freedoms specified in Articles 7,8,9, and 18-24 of the Constitution of Kurdistan might not be restricted.
3. Civil rights and freedoms guaranteed in the Constitution of Kurdistan may not be restricted on political grounds.

Article 26:

Everyone shall be obliged to pay legally established taxes and levies. Laws, which establish new taxes or deteriorate the position of taxpayers, shall not have retroactive force.

Article 27:

1. Defence of the homeland shall be the duty and obligation of a male citizen of Kurdistan.
2. Male citizens of Kurdistan shall perform military service in accordance with law.
3. In the event that their religious beliefs run counter to military service and in other cases established by law, male citizens of Kurdistan shall have the right to replace it with alternative civilian service.

Article 28:

A citizen of Kurdistan may exercise all of his (her) rights and duties independently from the age of 18 years.
azadi

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Chapter 3 - The Shah of Kurdistan:

Article 29:

1. The Shah of Kurdistan shall be the Head of State of Kurdistan.
2. The Shah of Kurdistan, as the Head of State, shall represent Kurdistan within the country and in international relations.

Article 30:

1. The Shah of Kurdistan must be a descendant of the Osmanoglu dynasty.
2. The throne shall be inherited by the descendants of the first Shah of Kurdistan. In the order of succession to the throne, a daughter of the Shah of Kurdistan shall precede a brother of the Shah of Kurdistan, a son of the Shah of Kurdistan shall precede a daughter of the Shah of Kurdistan, an older son of the Shah of Kurdistan shall precede a younger son of the Shah of Kurdistan and an older daughter of the Shah of Kurdistan shall precede a younger daughter of the Shah of Kurdistan. Children of the Shah of Kurdistan, who predeceases the Shah of Kurdistan, will be replaced by their children in the order of succession.
3. If no descendants of the first Shah of Kurdistan exist, the Parliament of Kurdistan shall elect a new Shah of Kurdistan among the descendants of the Osmanoglu dynasty.

Article 31:

The Shah of Kurdistan forfeits the throne, if he assumes the throne of a foreign State without the consent of the Parliament of Kurdistan.

Article 32:

1. On assuming the throne the Shah of Kurdistan shall take the following oath: "I swear to observe and protect the Constitution of the Kingdom of Kurdistan".
2. The oath shall be taken in a solemn ceremony in the Parliament of Kurdistan.

Article 33:

The Shah of Kurdistan:
1) shall sign international treaties of Kurdistan with the consent of the Parliament of Kurdistan;
2) shall appoint and dismiss the Chairman of the Central Bank of Kurdistan with the consent of the Parliament of Kurdistan;
3) shall be the Supreme Commander-in-Chief of the Armed Forces of Kurdistan and shall appoint and dismiss supreme commanders of the Armed Forces of Kurdistan with the consent of the Parliament of Kurdistan;
4) shall appoint and recall with the consent of the Government of Kurdistan diplomatic representatives of Kurdistan in foreign States and international organisations;
5) shall receive letters of credence and letters of recall of diplomatic representatives;
6) shall grant pardon;
7) shall bestow State awards of Kurdistan and confer honorary titles of Kurdistan and supreme military titles and supreme special titles;
8) shall exercise other powers in accordance with the Constitution of Kurdistan and the laws of Kurdistan.

Article 34:

The Shah of Kurdistan shall have immunity.

Article 35:

1. The State shall pay an annual allowance to the Shah of Kurdistan from the public treasury to cover the costs of living of the Shah of Kurdistan and the costs of the public functions of the Shah of Kurdistan.
2. The Parliament of Kurdistan may grant other members of the Royal Family of Kurdistan an annual allowance. 
3. The Parliament of Kurdistan shall decide, which palaces the Shah of Kurdistan shall be granted as residences or offices.
azadi

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Chapter 4 - The Parliament of Kurdistan:

Article 36:

The Parliament of Kurdistan shall be the representative and legislative body of Kurdistan.

Article 37:

1. The Parliament of Kurdistan shall consist of one chamber.
2. The Parliament of Kurdistan shall consist of 101 deputies.

Article 38:

1. The Parliament of Kurdistan shall be elected for a term of four years. 
2. The procedure for electing deputies to the Parliament of Kurdistan shall be established by laws.

Article 39:

1. Citizens of Kurdistan not younger than 18 years of age shall have the right to vote in elections to the Parliament of Kurdistan.
2. Citizens who are recognized as incapable by a court shall not have the right to vote in elections to the Parliament of Kurdistan.

Article 40:

1. Any citizen of Kurdistan not younger than 18 years of age, who is not recognized as incapable by a court and who is not kept in a place of imprisonment under a court sentence, may be elected deputy of the Parliament of Kurdistan.
2. Deputies of the Parliament of Kurdistan shall work on a professional permanent basis.

Article 41:

1. Deputies of the Parliament of Kurdistan shall enjoy immunity during the whole term of their office. They may not be detained, arrested or searched, except in the event of detention at the scene of a crime. They may not be subjected to personal searches, except in instances where this is provided for by law in order to ensure the safety of other people.
2. The issue of the removal of immunity shall be resolved by the Parliament of Kurdistan upon submission of the Prosecutor General of Kurdistan.

Article 42: 

1. The Parliament of Kurdistan shall be a permanently functioning body. 
2. The Parliament of Kurdistan shall convene its first session on the thirtieth day after election. The Shah of Kurdistan may convene the Parliament earlier than this date.
3. The first session of Parliament of Kurdistan shall be opened by the oldest deputy.
4. From the moment that the Parliament of Kurdistan of a new convocation begins the work the powers of the Parliament of Kurdistan of the previous convocation shall expire.

Article 43:

Sessions of the Parliament of Kurdistan shall be open, with the exception that closed-door sessions may be held in cases envisaged by the procedural regulations of the Parliament of Kurdistan.

Article 44: 

1. The Parliament of Kurdistan shall elect from among its members the Chairman of the Parliament of Kurdistan and his (her) deputies.
2. The Chairman of the Parliament of Kurdistan and his (her) deputies shall chair sessions and be in charge of the internal routine of the Parliament of Kurdistan.
3. The Parliament of Kurdistan shall set up committees and commissions and shall hold parliamentary hearings on issues under their authority.
4. The Parliament of Kurdistan shall adopt its procedural regulations and resolve issues relating to the routine procedures for its activities.

Article 45:

The following shall be within the jurisdiction of the Parliament of Kurdistan:
1) deciding on the possibility of using the Armed Forces of Kurdistan outside the territory of Kurdistan;
2) approving the State budget;
3) establishing and abolishing the State taxes and establishing and cancelling tax collections;
4) deciding issues of state loans;
5) announcement of amnesty;
6) shall exercise other powers in accordance with the Constitution of Kurdistan and the laws of Kurdistan.

Article 46:

1. The right of legislative initiative shall belong to the Government of Kurdistan and deputies of the Parliament of Kurdistan.
2. Bills shall be submitted to the Parliament of Kurdistan.

Article 47:

1. Laws shall be adopted by the Parliament of Kurdistan.
2. Laws shall be adopted by a majority of votes cast by deputies of the Parliament of Kurdistan, unless otherwise envisaged by the Constitution of Kurdistan.
3. Laws shall be promulgated by the Shah of Kurdistan in order to enter into force.

Article 48:

1. The Parliament of Kurdistan may be dissolved by the Shah of Kurdistan with the consent of the Prime Minister of Kurdistan at any time.
2. In the event that the Parliament of Kurdistan is dissolved, the Shah of Kurdistan shall announce the date of elections so that a newly-elected Parliament of Kurdistan may be convened not later than four months after the dissolution.


azadi

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Chapter 5 - The Government of Kurdistan:

Article 49:

The Government of Kurdistan shall consist of the Prime Minister of Kurdistan, deputy prime ministers and ministers.

Article 50:

1. The Prime Minister of Kurdistan shall be appointed by the Shah of Kurdistan.
2. The Prime Minister of Kurdistan shall appoint deputy prime ministers and ministers.

Article 51:

The Government of Kurdistan:
1) shall submit draft laws to the Parliament of Kurdistan;
2) shall work out and submit to the Parliament of Kurdistan the State budget and ensure its implementation; shall submit to the Parliament of Kurdistan a report on the implementation of the State budget;
3) shall hold negotiations on international treaties of Kurdistan;
4) shall carry out the administration of State property;
5) shall exercise other powers in accordance with the Constitution of Kurdistan and the laws of Kurdistan.

Article 52:

1. In the event of aggression against Kurdistan, or of a direct threat of aggression, the Government of Kurdistan shall introduce martial law on the territory of Kurdistan or certain parts thereof with the consent of the Parliament of Kurdistan.
2. The regime of martial law shall be defined by law.

Article 53:

I
n the event of a serious and immediate threat to the democratic institutions of Kurdistan, the independence and territorial integrity of Kurdistan, security of the citizens of Kurdistan and disruption of normal functioning of the constitutional bodies of Kurdistan, the Government of Kurdistan, acting in accordance with the procedure envisaged by law and with the consent of the Parliament of Kurdistan, shall introduce a state of emergency on the territory of Kurdistan or on certain parts thereof.

Article 54:

1. The Government of Kurdistan may offer its resignation and the Shah of Kurdistan shall either accept or reject it.
2. The Shah of Kurdistan may dismiss the Government of Kurdistan.
3. The Parliament of Kurdistan may express no confidence in the Government of Kurdistan. A resolution of no confidence in the Government of Kurdistan shall be adopted by a majority of votes of the total number of deputies of the Parliament of Kurdistan. In the event that the Parliament of Kurdistan expresses no confidence in the Government of Kurdistan, the Shah of Kurdistan shall within seven days dismiss the Government of Kurdistan or dissolve the Parliament of Kurdistan and announce new elections to the Parliament of Kurdistan.
4. In the event of the resignation or cessation of the powers of the Government of Kurdistan, it shall continue to work until a new Government of Kurdistan is formed.
azadi

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Chapter 6 - Judicial authority and public prosecution:

Article 55:

1. Justice in Kurdistan shall be administered only by court.
2. Judicial authority shall be exercised by means of civil, administrative and criminal proceedings.
3. The judicial system in Kurdistan shall be established by the Constitution of Kurdistan and law. The creation of extraordinary courts shall not be permitted.

Article 56:

Judges shall be citizens of Kurdistan over 18 years of age with a higher education in law who have served in the legal profession for not less than five years. Law may establish additional requirements for judges of the courts of Kurdistan.

Article 57:

Judges shall be independent and shall be subordinate only to the Constitution of Kurdistan and law.

Article 58:

1. Judges shall be irremovable.
2. The powers of a judge may be terminated or suspended only on the grounds and in accordance with the procedure established by law.

Article 59:

Judges shall be inviolable.

Article 60:

1. The examination of cases in all courts shall be open, except that cases may be heard in closed sessions in instances where this is permitted by law.
2. The examination of criminal cases by default in courts shall not be permitted except in instances where this is permitted by law.
3. Judicial proceedings shall be conducted on the basis of controversy and the equality of the parties concerned.
4. In cases provided for by law, judicial proceedings shall be conducted with the participation of a jury.

Article 61:

Courts shall be financed only from the State budget and should ensure the possibility of the complete and independent administration of justice according to the requirements of law.

Article 62:

The Supreme Court of Kurdistan shall be the highest judicial body for all cases.

Article 63:

1. Judges of the Supreme Court of Kurdistan shall be appointed by the Shah of Kurdistan with the consent of the Parliament of Kurdistan.
2. Judges of other courts of Kurdistan shall be appointed by the Government of Kurdistan in accordance with the procedure established by law.
3. The powers and the procedure for the formation and activity of the Supreme Court of Kurdistan and other courts of Kurdistan shall be established by law.

Article 64:

1. Powers, organisation and procedure for the activity of public prosecution of Kurdistan shall be determined by law.
2. The Prosecutor General of Kurdistan and deputies of the Prosecutor General of Kurdistan shall be appointed and dismissed by the Shah of Kurdistan with the consent of the Parliament of Kurdistan.
3. Other public prosecutors shall be appointed and dismissed by the Government of Kurdistan.

azadi

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Chapter 7 - Constitutional amendments:

Article 65:

Proposals on amendments to the Constitution of Kurdistan may be submitted by the Shah of Kurdistan, the Government of Kurdistan, the Parliament of Kurdistan, and by groups consisting of not less than one fifth of the deputies of the Parliament of Kurdistan.

Article 66:

1. Amendments to the Constitution of Kurdistan must in order to be adopted be approved by a majority of votes of the total number of members of the Parliament of Kurdistan and then approved in a subsequent referendum. Everybody who has the right to vote in elections to the Parliament of Kurdistan shall have the right to vote in the referendum. An amendment to the Constitution of Kurdistan is considered to have been approved in a referendum if a majority of those voting in the referendum have voted in favour of the proposed amendment to the Constitution of Kurdistan.
2. An adopted amendment to the Constitution of Kurdistan must be promulgated by the Shah of Kurdistan in order to enter into force.



azadi

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My proposed Constitution of Kurdistan is complete.
Peter

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Article 2:2 chapter 1 I suggest ‘Kurdistan has no territorial claims against the Republic of Turkey, the Islamic Republic of Iran or the Syrian Arab Republic.’ The existing wording might be objected to by one or all of these countries as suggesting that, albeit renounced, territorial claims do exist, which they would deny.

Article 8 chapter 2: ‘or’ would be better than ‘and’. This change was also made in the above suggested rewording.

Article 9 chapter 2 could be seen as providing carte blanche for anyone to violate any law so long as religious belief motivates them to do so. I suggest changing the ending as follows: ‘…, and freely to choose and possess religious beliefs and convictions.’ Which is to say, cut the last six words.

Article 10:3 chapter 2 I personally would give no specific protection to ‘religious feelings’, as that could open the door to all sorts of censorship. The clause before it I would change to ‘agitation for or incitement to violence’. Agitation covers propaganda, so that doesn’t need to be specified, but I feel incitement does.

Article 13 chapter 2 is self-contradictory as previously noted.

Article 19 chapter 2 is clearly motivated by religious bigotry, regrettable anywhere but especially in the founding document of a self-proclaimed secular state. Article 8 could also be criticised on these grounds, for providing no protection against discrimination on the grounds of sex, sexual orientation or sexual identity. If religion is not the reason for omitting such protections, what is?

Article 22:1 chapter 2, normally it is the verdict not the sentence of a court that determines guilt.

Article 25:2 and 3 chapter 2, the use of ‘might’ rather than ‘may’ introduces a high degree of ambiguity. I suggest the latter would be far better, as in the context it is clearly permissive but ‘might’ is speaking only of possibilities.

Article 27:3 chapter 2, valid conscientious objection does not occur only on religious grounds. I suggest ‘religious or other private beliefs’.

Article 30:2 chapter 3 fails to provide for a childless Shah, or one whose eldest son has predeceased him or her leaving issue.

Article 40:1 chapter 4 ‘is’ not ‘are’ (twice).

Article 43 chapter 4 might also be considered self-contradictory. I suggest ‘Sessions of the Parliament of Kurdistan shall be open, with the exception that closed-door sessions may be held in cases envisaged by the procedural regulations of the Parliament of Kurdistan.’

Article 53 chapter 5 is not quite satisfactory grammatically. I suggest ‘In the event of a serious and immediate threat to the democratic institutions of Kurdistan, the independence and territorial integrity of Kurdistan, the security of the citizens of Kurdistan or the normal functioning of the constitutional bodies of Kurdistan, the Government of Kurdistan, acting in accordance with the procedure envisaged by law and with the consent of the Parliament of Kurdistan, shall introduce a state of emergency in the territory of Kurdistan or in certain parts thereof.’

Article 56 chapter 6 I would suggest a higher age than 18, 30 might be sensible. No one aged just 18 will have had the time to gain a higher education in law and serve in the legal profession for five years, they would have had to get started aged 10 or so. Which does not seem terribly likely.

Article 59:2 chapter 6 seems unclear in its purpose. No one can ‘face criminal liability otherwise than in accordance with the procedure established by law’, so why pick out justices as having this protection?

Article 60:1 chapter 6, I suggest ‘The examination of cases in all courts shall be open, except that cases may be heard in closed session in instances where this is permitted by law.’

Article 61 chapter 6, budget not budged.

Article 66 chapter 7 ‘Everybody who has the right’ not ‘Everybody, who have the right’.,

There are a few other tinkerings with wording I could suggest, but these are my main points. I see that you did address my earlier problem with 10:4, which has disappeared but the purpose of which is adequately covered in 10:3. Whether you take note of any of the above is your decision, but I offer it in case it might be helpful.

azadi

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Quote:
Originally Posted by Peter

Article 2:2 chapter 1 I suggest ‘Kurdistan has no territorial claims against the Republic of Turkey, the Islamic Republic of Iran or the Syrian Arab Republic.’ The existing wording might be objected to by one or all of these countries as suggesting that, albeit renounced, territorial claims do exist, which they would deny.

Article 8 chapter 2: ‘or’ would be better than ‘and’. This change was also made in the above suggested rewording.

Article 9 chapter 2 could be seen as providing carte blanche for anyone to violate any law so long as religious belief motivates them to do so. I suggest changing the ending as follows: ‘…, and freely to choose and possess religious beliefs and convictions.’ Which is to say, cut the last six words.

Article 10:3 chapter 2 I personally would give no specific protection to ‘religious feelings’, as that could open the door to all sorts of censorship. The clause before it I would change to ‘agitation for or incitement to violence’. Agitation covers propaganda, so that doesn’t need to be specified, but I feel incitement does.

Article 13 chapter 2 is self-contradictory as previously noted.

Article 19 chapter 2 is clearly motivated by religious bigotry, regrettable anywhere but especially in the founding document of a self-proclaimed secular state. Article 8 could also be criticised on these grounds, for providing no protection against discrimination on the grounds of sex, sexual orientation or sexual identity. If religion is not the reason for omitting such protections, what is?

Article 22:1 chapter 2, normally it is the verdict not the sentence of a court that determines guilt.

Article 25:2 and 3 chapter 2, the use of ‘might’ rather than ‘may’ introduces a high degree of ambiguity. I suggest the latter would be far better, as in the context it is clearly permissive but ‘might’ is speaking only of possibilities.

Article 27:3 chapter 2, valid conscientious objection does not occur only on religious grounds. I suggest ‘religious or other private beliefs’.

Article 30:2 chapter 3 fails to provide for a childless Shah, or one whose eldest son has predeceased him or her leaving issue.

Article 40:1 chapter 4 ‘is’ not ‘are’ (twice).

Article 43 chapter 4 might also be considered self-contradictory. I suggest ‘Sessions of the Parliament of Kurdistan shall be open, with the exception that closed-door sessions may be held in cases envisaged by the procedural regulations of the Parliament of Kurdistan.’

Article 53 chapter 5 is not quite satisfactory grammatically. I suggest ‘In the event of a serious and immediate threat to the democratic institutions of Kurdistan, the independence and territorial integrity of Kurdistan, the security of the citizens of Kurdistan or the normal functioning of the constitutional bodies of Kurdistan, the Government of Kurdistan, acting in accordance with the procedure envisaged by law and with the consent of the Parliament of Kurdistan, shall introduce a state of emergency in the territory of Kurdistan or in certain parts thereof.’

Article 56 chapter 6 I would suggest a higher age than 18, 30 might be sensible. No one aged just 18 will have had the time to gain a higher education in law and serve in the legal profession for five years, they would have had to get started aged 10 or so. Which does not seem terribly likely.

Article 59:2 chapter 6 seems unclear in its purpose. No one can ‘face criminal liability otherwise than in accordance with the procedure established by law’, so why pick out justices as having this protection?

Article 60:1 chapter 6, I suggest ‘The examination of cases in all courts shall be open, except that cases may be heard in closed session in instances where this is permitted by law.’

Article 61 chapter 6, budget not budged.

Article 66 chapter 7 ‘Everybody who has the right’ not ‘Everybody, who have the right’.,

There are a few other tinkerings with wording I could suggest, but these are my main points. I see that you did address my earlier problem with 10:4, which has disappeared but the purpose of which is adequately covered in 10:3. Whether you take note of any of the above is your decision, but I offer it in case it might be helpful.


Gay marriage is currently banned in Kurdistan, and civil unions are banned too, but homosexuality is legal in Kurdistan unlike in Iran. The vast majority of the Kurds are strongly opposed to gay marriage, and homophobia is widespread in Kurdistan. I'm opposed to gay marriage, because I'm strongly opposed to gay adoption, but I support civil unions for homosexuals. I'm strongly opposed to criminalization of homosexuality and persecution of homosexuals, and I hope, that Reza Pahlavi will decriminalize homosexuality in Iran, if he becomes Shah of Iran. The purpose of Article 19 isn't banning gay marriage, but banning forced marriage and polygyny. 
https://www.rudaw.net/english/kurdistan/29012019
I support constitutional protection for religious feelings, because I want my proposed constitution of Kurdistan to be acceptable to conservative Muslims, while still guaranteeing full freedom of religion, including for atheists. Blasphemy is unacceptable to conservative Muslims, as shown during the Muhammad cartoons controversy.
You're right concerning the order of succession to the throne. I will expand Article 30.
You're right concerning the territorial claims.



Murtagon

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Great stuff! Some things caught my attention, though.


Article 18:

1. Receiving a basic general education shall be compulsory. The basic general education shall be free of charge.
2. Everyone, who is sufficiently qualified, shall have the right to receive a higher education. Higher education shall be free of charge.

Let's make a brief comparison with the Constitution of the Republic of Bulgaria (in force since 1991 - more than 28 years):

Art. 53.
(1) Everyone shall have the right to education.
(2) School attendance up to the age of 16 shall be compulsory.
(3) Primary and secondary education in state and municipal schools shall be free. In circumstances established by law, the higher educational establishments shall provide education free of charge.
(4) Higher educational establishments shall enjoy academic autonomy.
(5) Citizens and organizations shall be free to found schools in accordance with conditions and procedures established by law. The education they provide shall fit the requirements of the State.
(6) The State shall promote education by opening and financing schools, by supporting capable school and university students, and by providing opportunities for occupational training and retraining. It shall exercise control over all kinds and levels of schooling.

I feel that your first point is better written than the Bulgarian one. You write that it should be compulsory (or obligatory) and free. I agree. However, how does one decide what is basic general education? In my country's case, you have to visit school until you're 16. OK, but then you realise that it doesn't say that you need to have graduated a certain school year in order to leave that institution for good. We have a significant Gypsy problem here, their children aren't keen on going to school (but then again, who is [crazy]) and the state is constantly coming up with new "solutions" to the problem. Anyway, it would be best to add some suitable age or school grade here, I think.

Funnily enough, higher education was free of charge during Socialism, but it is most definitely not today. I'm not sure what the Constitution means by "In circumstances established by law, the higher educational establishments shall provide education free of charge". It's true that I had state support during my four years of Bachelor studies at University, but it certainly wasn't free.

This leads me to another point. Do you think that people who have not graduated school should have the right to vote? I mean, would this make the electorate more reasonable?
azadi

Registered:
Posts: 387
Reply with quote  #15 
Quote:
Originally Posted by Murtagon
Great stuff! Some things caught my attention, though.


Article 18:

1. Receiving a basic general education shall be compulsory. The basic general education shall be free of charge.
2. Everyone, who is sufficiently qualified, shall have the right to receive a higher education. Higher education shall be free of charge.

Let's make a brief comparison with the Constitution of the Republic of Bulgaria (in force since 1991 - more than 28 years):

Art. 53.
(1) Everyone shall have the right to education.
(2) School attendance up to the age of 16 shall be compulsory.
(3) Primary and secondary education in state and municipal schools shall be free. In circumstances established by law, the higher educational establishments shall provide education free of charge.
(4) Higher educational establishments shall enjoy academic autonomy.
(5) Citizens and organizations shall be free to found schools in accordance with conditions and procedures established by law. The education they provide shall fit the requirements of the State.
(6) The State shall promote education by opening and financing schools, by supporting capable school and university students, and by providing opportunities for occupational training and retraining. It shall exercise control over all kinds and levels of schooling.

I feel that your first point is better written than the Bulgarian one. You write that it should be compulsory (or obligatory) and free. I agree. However, how does one decide what is basic general education? In my country's case, you have to visit school until you're 16. OK, but then you realise that it doesn't say that you need to have graduated a certain school year in order to leave that institution for good. We have a significant Gypsy problem here, their children aren't keen on going to school (but then again, who is [crazy]) and the state is constantly coming up with new "solutions" to the problem. Anyway, it would be best to add some suitable age or school grade here, I think.

Funnily enough, higher education was free of charge during Socialism, but it is most definitely not today. I'm not sure what the Constitution means by "In circumstances established by law, the higher educational establishments shall provide education free of charge". It's true that I had state support during my four years of Bachelor studies at University, but it certainly wasn't free.

This leads me to another point. Do you think that people who have not graduated school should have the right to vote? I mean, would this make the electorate more reasonable?

In Kurdistan, primary school lasts for 9 years and is compulsory. Children start to attend primary school at the age of 6. Secondary school lasts for 3 years. Education at state universities is free of charge in Kurdistan, while tuition fees are charged at private universities in Kurdistan.
Do you have to pay tuition fees at university in Bulgaria?
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