The people of China will henceforth be united in perfect union under a new democratic state, through which security, prosperity and welfare will be the unalienable prerogatives of all citizens. For the preservation of liberty, and the rich history of China, we do ordain this constitution for what will henceforth be the Democratic People’s Republic of China.
Section 1: Legislature
Article I. Complete legislative powers will be granted to the bicameral National Congress of China, which will be comprised of a House of Delegates and a Senate.
Article II. The House of Delegates will be composed of six-hundred and seventy-five Members elected every five years by the people of the thirty states, and each shall have one vote.
The number of Delegates returned will be proportional to the number of inhabitants of the State.
No person shall be a Member of the House of Delegates who was not born a Chinese citizen.
No person shall be a Member of the House of Delegates who is aged under twenty-five years, or an inhabitant of a State other than the one they stand to represent at the time of election.
When vacancies exist within the House, an election shall be held in that State.
When a majority of votes in favour is reached, legislation will pass to the Senate for review.
Article III. The Senate shall be composed of five Senators from each state, totalling one-hundred and fifty, each having a single vote.
No person shall be a Senator who has was not born a Chinese citizen.
No person shall be a Senator who is aged under thirty years, or an inhabitant of a State other than the one they stand to represent at the time of election.
The senate has no power of veto.
Article IV. Neither house has the power to draft legislation.
Article V. With the concurrence of two-thirds, both houses may expel a member.
Article VI. Congress shall have ultimate monetary and budgetary authority.
Article VII. Both houses shall elect their Speaker and other Officers of the House, who must also be Chinese citizens.
Section 2: The Electoral Process and Elections
Article VIII: All Chinese citizens are entitled to vote by birth right.
No persons under the age of 18 years is permitted to vote, in local or general elections.
Voting is mandatory for all persons over the age of 18, and refusal to vote will result in a ¥1000 fine.
Article IX: All voting will be conducted via secret ballot.
All polling stations must be staffed by civil servants.
The number of polling stations must be directly proportional to the number of voters in a constituency within states.
Members of the electorate may vote either at a polling station or by postal vote.
Article X: The system of the Alternative Vote (AV) shall be used in presidential elections and elections to Congress.
The ballots will list the candidates running for office, and the voters will mark them in order of preference. If a candidate does not receive an outright majority on the first count of votes, the candidate with the smallest number of votes is eliminated and their second-choice votes are distributed among the successive candidates. This process will continue until a candidate with a majority emerges.
Article XI: The Speaker and officers of the House of Delegates and the Senate will be elected using a First Past the Post System.
Only members of the Houses may vote for their respective officers in these elections.
Section 3: Judiciary
Article XII: The ruling judicial power of the Chinese state exists in the hands of the Supreme Court.
Judges appointed to the Supreme Court must have completed legal education, served in the legal profession for a minimum of five years and be of at least 30 years of age.
Judges will serve a fixed term of 7 years and will be not be able to be re-elected.
Judges will be appointed by the President and approved by both the House of Delegates and the Senate, both requiring a simple majority.
Article XIII: Judicial proceedings will be held at a state level, with trial by jury being carried out in the state the crime was committed in.
If the crime cannot be traced back to one state alone, it is at the discretion of the relevant government body to select an appropriate location for the trial to be held.
The exception is that of impeachment which is carried out by the Supreme Court.
Article XIV: No individual state has the power to overturn any part of the constitution or disobey the legal framework laid out within it.
All constitutional changes must be approved by the Senate, House of Delegates and the Supreme Court with a 2/3 majority.
In cases of constitutional interpretation and the constitutionality of legislation, decision making power lies solely at the discretion of the Supreme Court.
Article XV: Local government is not able to intervene on matters of national defence and foreign policy.
States retain must adhere to the interest rates set by the People’s Bank of China.
With approval of the Supreme Court, House of Delegates and the Senate, with a simple majority, the executive can create federal laws which overrule state level legislation.
Section 4: Executive Power
Article XVI. The President of the People’s Republic of China shall hold all executive power for a fixed term limit of 5 years upon direct election by the people. They may stand for no longer than two terms.
Article XVII. The President must have held Chinese citizenship since birth and be no younger than thirty-five years of age at time of taking office.
Article XVIII. The President is Commander of the Armed Forces, and can issue executive orders without the approval of the National Congress.
Article XIX. The President and members of his appointed Cabinet shall not simultaneously be members of the National Congress.
Article XX. The power to conduct foreign policy and ratify treaties is vested in the powers of the President with advice, but not requiring consent, of the Senate.
Article XXI. The President has authority to draft legislation and put it to the National Congress whereof it is subject to scrutiny as mentioned in Section 1.
Article XXII. The Executive is subject to removal from office only by impeachment for serious crimes and gross misconduct, at the discretion of the supreme court.
Section 5: Relations to and between States
Article XXIII. The Federal Government bestows ultimate authority over all States and is responsible for their territorial integrity and security from external threats. Central government will retain power of the National budget, Foreign policy and Armed Forces
Article XXIV. Certain powers will be decentralised to each State who will have varying degrees of autonomy over State budgets, education, and certain aspects of law subject to approval from the Legislature.
Section 6: Amendments
Article XXV. Amendments to the Constitution shall be conducted by calling a convention when proposed and carried by two-thirds of the National Congress and approval of the Executive.
Article XXVI. Amendments shall not discard any guarantees of equal representation of all States in the National Congress and shall not infringe on the inalienable Human Rights and Civil Liberties, aforementioned in the Bill of Rights.