Commmentary: Article VII (7) covers the Constitutional Council.
[Documment Quotations:] Quoations in light gray from source documents are for reference only annd are not part of the Constitution of the Nation of Pacifica.
This Constitution is a work in progress.
Clause 1: The Constitutional Council shall consist of fifteen (15) members, whose term of office shall be nine years and shall not be renewable. One third of the membership of the Constitutional Council shall be renewed every three years. Three of its members shall be appointed by the President, three by the Speaker of the House, three by the Premier of the Senate, three by the Chief of the Council of Peoples, and three by the Chief Justice of the Supreme Court. [from Constitution of France]
[Constitution of France, Article 56, Clause 1:] The Constitutional Council shall consist of nine members, whose term of office shall be nine years and shall not be renewable. One third of the membership of the Constitutional Council shall be renewed every three years. Three of its members shall be appointed bythe President of the Republic, three by the President of the National Assembly and three by the President of the Senate.
Clause 2: In addition to the fifteen members provided for above, former Presidents of the Republic shall be ex officio life members of the Constitutional Council. [from Constitution of France]
[Constitution of France, Article 56, Clause 2:] In addition to the nine members provided for above, former Presidents of the Republic shall be ex officio life members of the Constitutional Council.
Clause 3: The Chairperson shall be appointed by the President of the Republic. He or she shall have a casting vote in the event of a tie. [from Constitution of France]
[Constitution of France, Article 56, Clause 3:] The President shall be appointed by the President of the Republic. He shall have a casting vote in the event of a tie.
Clause 1: The office of member of the Constitutional Council shall be incompatible with that of Members of Congress or other elected office. Other incompatibilities shall be determined by an Act of Congress. [from Constitution of France]
[Constitution of France, Article 57, Clause 1:] The office of member of the Constitutional Council shall be incompatible with that of minister or Member of Parliament. Other incompatibilities shall be determined by an institutional Act.
Clause 1: The Constitutional Council shall ensure the proper conduct of the election of the federal officials, including Congress and the President. [from Constitution of France]
[Constitution of France, Article 58, Clause 1:] The Constitutional Council shall ensure the proper conduct of the election of the President of the Republic.
Clause 2: The Constitutional Council shall examine complaints and shall declare the results of the vote. [from Constitution of France]
[Constitution of France, Article 58, Clause 2:] It shall examine complaints and shall declare the results of the vote.
Clause 3: The Constitutional Council shall rule on the proper conduct of the election of federal officials in disputed cases. [from Constitution of France]
[Constitution of France, Article 59, Clause 1:] The Constitutional Council shall rule on the proper conduct of the election of deputies and senators in disputed cases.
Clause 4: The Constitutional Council shall ensure the proper conduct of initiative, referendum, and recall proceedings and shall declare the results of the initiative, referendum, or recall. [from Constitution of France]
[Constitution of France, Article 60, Clause 1:] The Constitutional Council shall ensure the proper conduct of referendum proceedings provided for by articles 11 and 89 and shall declare the results of the referendum.
Clause 1: All laws and regulations, as well as disputes regarding the powers of the separate branches of government, are subject to constitutional review by the Constitutional Council. [from Constitution of France]
[Constitution of France, Article 61, Clause 1:] Institutional Acts, before their promulgation, and the rules of procedure of the parliamentary assemblies, before their entry into force, must be referred to the Constitutional Council, which shall rule on their conformity with the Constitution.
Clause 2: Laws or regulations may be referred to the Constitutional Council by the Supreme Court, the President, the Prime Minister, the Speaker of the House, the Premier of the Senate, the Chief of the Council of Peoples, or one fifth of the members of either house of Congress. [from Constitution of France]
[Constitution of France, Article 61, Clause 2:] To the same end, Acts of Parliament may be referred to the Constitutional Council, before their promulgation, by the President of the Republic, the Prime Minister, the President of the National Assembly, the President of the Senate, or sixty deputies or sixty senators.
Clause 3: Disputes regarding the powers of the separate branches of the government may be referred to the Constitutional Council by the Supreme Court, the President, the Prime Minister, the Speaker of the House, the Premier of the Senate, the Chief of the Council of Peoples, or one fifth of the members of either house of Congress.
Clause 4: The Constitutional Council must rule within one month. However, at the request of the Government, if the matter is urgent, this period shall be reduced to eight days. [from Constitution of France]
[Constitution of France, Article 61, Clause 3:] In the cases provided for in the two preceding paragraphs, the Constitutional Council must rule within one month. However, at the request of the Government, if the matter is urgent, this period shall be reduced to eight days.
[Constitution of France, Article 61, Clause 4:] In these same cases, reference to the Constitutional Council shall suspend the time limit for promulgation.
Clause 5: No appeal shall lie from the decisions of the Constitutional Council. They shall be binding on public authorities and on all administrative authorities and all courts. [from Constitution of France]
[Constitution of France, Article 62, Clause 1:] A provision declared unconstitutional shall be neither promulgated nor implemented.
[Constitution of France, Article 62, Clause 2:] No appeal shall lie from the decisions of the Constitutional Council. They shall be binding on public authorities and on all administrative authorities and all courts.
Clause 6: Congress shall shall determine by law the rules of organization and operation of the Constitutional Council, the procedure to be followed before it and, in particular, the time limits allowed for referring disputes to it. [from Constitution of France]
[Constitution of France, Article 63, Clause 1:] An institutional Act shall determine the rules of organization and operation of the Constitutional Council, the procedure to be followed before it and, in particular, the time limits allowed for referring disputes to it.
This Constitution is a work in progress.
