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National objects |
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Article 63-Senate |
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| 63.1 |
The Senate |
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All legislative powers of a national community of Islam shall be vested in an Senate of representatives (Senators) which shall consist of all elected representatives from each Regional Council in the country. |
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The Senate shall be composed of: six (6) senators for each Regional Council, directly chosen by the members of Local Assemblies, the Caliph and Directors of the National Board of Directors. Each Senator shall have the power of one vote.
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Senators shall be appointed for a term of six (6) years corresponding to the fixed terms of the National Executive.
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| 63.2 |
Legislative power |
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Vested by the Constitution, the Senate shall have the power to review all bills passed by National Executive and proposed as rules, all budgets, expenditure and official planning of the executive.
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The Senate shall not have the power to block money requests required for the general operation and function of the national organisation.
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The Senate shall also have the power to commission National Commissions of Investigation with the power to call any individual member within the nation and any information located within Islam and the borders of the nation to review.
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| 63.3 |
General rules and procedures |
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1. Prefect of the Senate (Senate Prefect) |
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Responsibility for good conduct and control of the senate and the scheduling of business within the chamber shall be vested in the Office of Prefect of the Senate (Senate Prefect).
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The Prefect of the Senate shall be an independent role, free from political party preferences. The candidate shall be elected by new senators themselves on the first day of sitting of Parliament following a National Election.
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2. Parliamentary sessions |
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Excepting a national election year, every year there shall be one session of fixed days whereby Senators are summonsed to attend. A day within a session when Senators are summonsed to sit in Parliament shall be called a Sitting Session Day.
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A day within a session when Senators are not summonsed to sit in Parliament shall be called a Non-Sitting Session Day.
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3. Life of Parliament |
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Parliament shall exist for a fixed period of six (6) years before being dissolved ahead of National Elections for a new Parliament.
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4. Date of National Election |
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The date of a national election shall always occur within the Spring months, allowing 40 days prior to the date of the election for the official campaign period.
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5. Formation of new Parliament |
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The formation of a new Parliament shall occur within 14 days after the National Election day following the count and verification of all votes.
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The instrument of formation of a new Parliament shall be three declarations from the National Director of the National Election Commission:
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(1) To each successful candidate for election to the National Senate confirming their validity as the rightful representative of their constituency;
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(2) To the successful candidate for election as Caliph confirming their validity as the rightful executive to form national government;
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(3) To the caretaker Caliph that the election result has been verified and that writs to summons successful candidates to be sworn into Parliament and form the new Executive must now be issued.
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Upon receipt of the declaration, the caretaker Caliph shall be required to issue writs within seven (7) days for the summonsing to Parliament of successful candidates to form the new Parliament and Executive.
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6. Quorum |
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The minimum number of members (quorum) required to be present within the chamber to permit the full exercise of its powers shall be one third the total number of members of that house.
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The Senate shall not be permitted to undertake procedures that require a quorum if the total number of members in that House is not equal or greater to the quorum.
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9. Voting |
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Voting in the Senate shall be by open vote expressed as either Yes or No to the proposition before the chamber.
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Voting shall always require a quorum and shall follow the standard procedures listed in this Constitution.
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Total votes shall be tallied as either Yes, or No to the proposition expressed by the Bill. A higher total number of Yes votes to No votes shall deem the Bill or proposition has been passed. A higher total number of No votes to Yes votes shall deem the Bill or proposition has been defeated.
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The record, attendance and vote of all Senate members shall be recorded on the public record.
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10. Senate session length |
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The total length of a Senate session shall be determined by the Senate Prefect and shall not be permitted to exceed 14 Sitting Session Days.
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11. Senate attendance |
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The Senate Prefect shall be responsible for the issuing of summons to individual Senators for their attendance to Parliament.
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Excepting special leave granted by the Senate Prefect due to matters of national security, health or extended personal matters, all Senators shall be required to attend the Sitting Session Days as listed in the summons.
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Failure of a Senator to attend six (6) or more Session Sitting Days within one Session shall be deemed a failure to discharge the duties of their office and the Senate Prefect shall be responsible for immediately initiating an Senate Expulsion Motion or a Director Expulsion Motion should the Senator be a National Director.
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The Caliph shall be immune from any action for non-attendance breaches.
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| 63.4 |
Formation of a Temporary Senate |
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A temporary Senate is formed when approval is given to an application to form a Temporary Senate by one hundred and forty four (144) or more living members, subject to the following conditions: |
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(i) That no permanent National Senate currently exists for the nation; and |
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(ii) That at least three (3) temporary or permanent Assemblies exist for the nation at the time of making the application; and |
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(iii) That at least one (1) temporary or permanent Regional Council exists for the nation at the time of making the application; and |
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(iv) That each member on the application is a current and valid member of One-Islam; and |
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(v) That each member on the application has currently resided in the nation belonging to the proposed temporary Senate for not less than twelve (12) months; |
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(vi) That none of the applicants have previously applied for the formation of a temporary Senate. |
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Approval of such an application shall be the responsibility of the Supreme Council, or if no Supreme Council yet exists, it shall be the responsibility of the temporary administrator. |
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A temporary Senate shall have the right to participate in national affairs of Islam, including the temporary appointment of people to national positions and responsibilities. However, the temporary Senate shall have limited power to undertake financial transactions for or on behalf of One-Islam. |
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The approval term for a temporary Senate shall not exceed ten months, by which time the temporary Senate has instituted the correct conditions to become permanent, or be dissolved by the authority of this Constitution. |
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Upon approval of granting the creation of a temporary National Senate, the temporary National Senate must within ninety (90) days: |
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(i) Elect a temporary spokesperson from amongst the members of the nation as prime representative. This person cannot have the status of a Temporary Caliph unless elected to such temporary position by six or more temporary and permanent Imams; |
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(ii) Elect and appoint a temporary national board to support the temporary spokesperson. |
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(iii) Register with the appropriate national government agencies for status as a non-profit charity including a copy of this constitution, appropriate fees and member lists, board members and all other required documentation. |
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(iv) Open a bank account with at least two signatories and provide this bank account to the supreme executive. If no supreme executive exists, it shall be forwarded to the temporary administrator. |
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(v) Provide a copy of the registration papers of non-profit charity status |
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If any of these items are failed to be actioned within ninety (90) days, by this Constitution the Supreme Council, or temporary administrator has the right to revoke the approval of the temporary National Senate. |
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| 63.5 |
Formation of a permanent National Senate |
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Within three hundred and sixty (360) Days since the formation of a temporary Senate, permanancy shall be granted to a temporary Senate providing the following conditions are met: |
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(i) That at least three permanent Assemblies exist for the nation; |
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(ii) That combined national membership now constitites at least 360; |
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(iii) That the Senate has held elections and elected a National Board. |
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(iv) That at least six temporary or permanent Imams have elected a Temporary Caliph; |
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(v) That no action contravening this Constitution has occurred with the original applicants that would warrant an Internal investigation or their expulsion. |
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If any of these items are failed to be actioned by three hundred and sixty (360) Days since the formation of a temporary Senate, by this Constitution the Supreme Council, or temporary administrator has the right to revoke the approval of the temporary National Senate. |
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| 63.6 |
Permanent National Senate Facilities |
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Once an National Senate is permanent, its primary goal is to first establish a suitable permanent, exclusive and central national assembly to facilitate national gatherings and official ceremonies. |
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The second goal of the Permanent National Senate is to establish suitable permanent facilities for the provision of essential national services including and not restricted to: health, education, information and social services. |
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| 63.7 |
Selection and location of Permanent National Senate Facilities |
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The location of permanent National Senate facilities should ideally represent the largest city in the Region having the largest number of Permanent Local Assembly and living Members. |
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If two or more areas hold equal proportions of assembly and living members, then a ballot shall be drawn to select the most suitable location. |
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A review of permanent National Senate facilities is permissable every twenty-five (25) years, or earlier if required by primary function to maintain such facilities. |
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