Tuesday, February 20, 2018

Constitution Reform Proposal Article 3: Executive Government Reform

The Executive Government of the Commonwealth should be split into three branches, including House of Administration, House of Armed Forces and House of Human Resource. 

Section 3.1: House of Administration


(A)
The Executive Government of the Commonwealth should include a House of Administration, subject to this constitution, this is the highest Administration authority of the Commonwealth.

(B)
The House of Administration should be administered by the Administration Chancellor. The Prime Minister appoint the Administration Chancellor, if the Prime Minister is absent, such authority is given to the Acting Prime Minister, but the Prime Minister can overrule the decision of the Acting Prime Minister, after returning from absent. The Administration Chancellor should serve a term that expire upon the pleasure of the Prime Minister.

(C)
Subject to the Administration Chancellor and Acting Administration Chancellor, the House of Administration should be split into six ministries, including the ministry of finance and interior affairs(戶部), the ministry of foreign affairs, public relationship and public education(禮部), the ministry of defense(兵部), the ministry of justice(刑部), the ministry of House of Administration human resource(吏部) and the ministry of public service and national infrastructure(工部). 

All departments and administration committees of the Commonwealth, should be subject to one of the six ministries. Each department, can have various sub departments and administration Sub Committee subject to it. 

Foreign affair and public education belongs to the same ministry, because a ministry in charge of foreign affair got a better understanding to education needed to remain competitive in the international community and can better import foreign knowledge into the country. Thus, both the department of foreign affair and the department of education, should belong to the same ministry.

(D)
An officer appointed to administer a ministry of the Commonwealth should be a candidate proposed by the Administration Chancellor or Acting Administration Chancellor and approved by the Prime Minister, such officer should be known as a Senior Minister. 

The person appointed to administer the ministry of justice should also be known as an Attorney General.

No person who is not a citizen of the Commonwealth by birth should administer the ministry of defence or a department, administration committee, sub department or an administration Sub Committee, subject to the ministry of defence, unless approved by the Senate and if such person, hold citizenship to his nation of his birth, he must also be approved by the House of Representative.

(E)
An officer appointed to administer a department of the Commonwealth or an administration committee of the Commonwealth, should be a candidate proposed by the Senior Minister administering the ministry, such department or administration committee is subject to and approved by the Prime Minister. Such officer administering such department should be known as a minister. Such officer administering such administration committee, should be known as an Administration Committee Chairman

(G)
An officer appointed to administer a sub department of the Commonwealth or an administration Sub Committee of the Commonwealth, should be a candidate proposed by the minister administering the department, such sub department or administration Sub Committee is subject to and approved by the Administration Chancellor or Acting Administration Chancellor. Such officer administering such sub department should be known as a Junior Minister. Such officer administering such administration Sub Committee, should be known as an Administration Sub Committee Chairman. 

(H)
The law set all departments and sub departments of the Commonwealth and which ministry is such department subject to and which department, is such sub department subject to. The structure and operation procedure of each department, sub department, administration committee and administration Sub Committee should be subject to the law, such law should be created base on the function of such department, sub department, administration committee or administration Sub Committee.

(I)
There should be a Federal Administration Council, member of such Council, should include the Administration Chancellor and such officer appointed to administer a ministry, department, sub department, administration committee or administration Sub Committee. Members of the Federal Administration Council got the right to propose law to the parliament. No person should administer more than one ministry, one department, one administration committee, one sub department or one administration Sub Committee, at a time. 

(J)
If 
1. the Administration Chancellor is absent or if the position is vacant, the officer appointed to administer the ministry of finance and internal affair (戶部尚書) should serve as Acting Administration Chancellor and if such officer is also absent or if the position is vacant, then;

2. the officer appointed to administer the ministry of foreign affairs, public relationship and public education (
禮部尚書) should serve as Acting Administration Chancellor and if such officer is also absent or if the position is vacant then;

3. The officer appointed to administer the ministry of defense (
兵部尚書) should serve as Acting Administration Chancellor and if such officer is also absent or if the position is vacant then;

4. The officer appointed to administer the ministry of justice (
刑部尚書), should serve as Acting Administration Chancellor and if such officer is also absent or if the position is vacant then;

5. The officer appointed to administer the ministry of House of Administration human resource (
吏部尚書) should serve as Acting Administration Chancellor and if such officer is also absent or if the position is vacant then; 

6. the officer appointed to administer the ministry of public service and national infrastructure (
工部尚書should serve as Acting Administration Chancellor 

(K)
The House of Administration should propose the budget of the Commonwealth, of the following year, to the Parliament, before the end of the financial year.

(L)
The Federal Administration Council got the responsibility to advice the Parliament in the Administration of the Commonwealth.  

The Senate has the right to question the Administration Chancellor and Senior Ministers, the President of the Senate set such meeting. 

The House of Representative has the right to question any Ministers, Administration Committee Chairman, Junior Ministers and Administration Sub Committee Chairman. The Speaker of the House of Representative set such meeting.

The Prime Minister has the right to question member of the Federal Administration Council, the Prime Minister set such meeting. 

The Acting Prime Minister has the right to question member of the Federal Administration Council, the Acting Prime Minister set such meeting.

(M)
If the Administration Chancellor or Acting Administration Chancellor believe any law, budget or treaty that the Parliament approved is difficult to implement, he shall inform the Prime Minister, if the Prime Minister approve, the Administration Chancellor or Acting Administration Chancellor, if the Administration Chancellor is absent or if the position is vacant shall, inform the Grand Senate within ten days. The Chairman of the Grand Senate shall summon the Grand Senate to meet within seven days to discuss the issue, if the Chairman of the Grand Senate did not summon the Grand Senate to meet within seven days, the Grand Senate should meet automatically to discuss the issue on day seven. The Grand Senate shall make a vote of determination within fifteen days after the first meeting to discuss the issue and if over half of the member of the Grand Senate, still voted in favor of the approved law, budget or treaty, then the Administration Chancellor and the Acting Administration Chancellor, must accept the decision.

(N)
The person who is a member of the Federal Administration Council should

1. have no criminal record
2. not be a current official or General Personnel of the Armed Force of the Commonwealth and 
3. be over the age of thirty 

(P)
Chapter 2 section 62 of the constitution should not apply to a member of the Federal Executive Council, which have otherwise been specified by the constitution. Chapter 2 section 64 of the Constitution should no longer be used. Chapter 2 section 67 of the Constitution should not apply to a member of the Federal Executive Council, which have otherwise been specified by the constitution.

(Q)
During a time of nature disaster and there is a need to deal with the problem right away, the Prime Minister should meet up with the Administration Chancellor or Acting Administration Chancellor if the Administration Chancellor is absent or the position is vacant, afterwards the Prime Minister can declare a state of emergency and declare emergency laws, without the approval of the parliament, to resolve the problem, if he felt necessary, but such emergency law should not exceed such purpose and shall expire upon one month, unless approved by the Grand Senate, when the Prime Minister is absent, such authority of the Prime Minister, belongs to the Acting Prime Minister.

(R)
During a time of civil unrest or foreign invasion or major financial disaster and there is a need to deal with the problem right away, the Prime Minister should meet up with the Administration Chancellor or Acting Administration Chancellor if the Administration Chancellor is absent or the position is vacant, afterwards the Prime Minister can declare a state of emergency and declare emergency laws, without the approval of the parliament, to resolve the problem, if he felt necessary, but such emergency law should not exceed such purpose and shall expire upon ten days, unless approved by the Grand Senate, when the Prime Minister is absent, such authority of the Prime Minister, belongs to the Acting Prime Minister. 

(S)
Subject to this constitution, as soon as after declaring a state of emergency, the Prime Minister and Acting Prime Minister, can declare martial law, if he deems fit, but should not declare martial law, under any other circumstances, if the House of Representative, Senate, Grand Senate, Acting Prime Minister or the Prime Minister felt martial law is no longer necessary, the martial law must end. No person other than the Prime Minister and the Acting Prime Minister can declare martial law over the Commonwealth.

(T)
The Prime Minister has the authority to dismiss the emergency law made by the Acting Prime Minister, after returning.

(U)

In regards to what to do this section of this constitutional reform is created in reference to the State Department of the United States of America and the Executive Yuan of the Republic of China 中華民國(Taiwan) during the era where this constitutional reform is been made and it is also created in reference to the Administration branch of the Ming Empire (China and Eastern Manchuria 1368AC~1644AC) and what lead to the success of these dynasties. 


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