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CONSTITUTIONAL
REVISION |
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Art. 5 – National sovereignty belongs to the people. The people shall exercise it through referendum. The people shall also exercise it through their elected representatives. The President of the Republic may directly resort to the will of the people. Art. 104 – The President of the Republic, Head of State, shall embody the State. He shall be the guarantor of the Constitution. He shall embody the State both within and outside the country. He shall address the Nation directly. Art. 111 - In addition to the powers expressly vested in him by other provisions of this Constitution, the President of the Republic shall enjoy the following prerogatives: 1) He shall be Commander in Chief of all the armed forces of the Republic; 2) He shall be responsible for national defence; 3) He shall define and conduct the external policy of the Nation in keeping with the national Charter and the provisions of the Constitution; 4) He shall appoint the Head of Government and remove him from office; 5) He shall preside over the Council of Ministers; 6) He shall sign presidential Orders; 7) He shall have power to appoint to civilian and military posts in conformity with the law; 8) He shall have power to grant pardons, to reduce totally or partially any sentence, as well as to obliterate the legal consequences whatever of sentences delivered by any court of law; 9) He may refer any matter of national importance to the people by referendum; 10) He may delegate part of his powers to the vice-president(s) of the Republic subject to the provisions of Article 116 of the Constitution; 11) He shall appoint and recall ambassadors and special envoys of the Republic abroad. He shall receive credentials or recalls of foreign diplomatic representatives; 12) He shall conclude and ratify international treaties in accordance with the terms set out by the Constitution; and 13) He shall award decorations, distinctions, and State honorary titles.
Art. 113, 114, and 115 shall be abrogated and replaced as follows: Art. 113 – The programme of the Government shall be drafted, co-ordinated, and executed by the Head of Government who shall be accountable to the National People’s Assembly. Art. 114 (I) – To form his Government, the Head of Government shall proceed to extensive consultations and shall present the members of Government he shall have chosen to the President of the Republic who shall appoint them. Art. 114 (II) – The Head of Government shall submit his programme to the National People’s Assembly for approval. The National People’s Assembly shall open a debate on this matter. The Head of Government shall adjust his programme in the light of such debate. Art. 114 (III) – Should his programme fail to be approved by the National People’s Assembly, the Head of Government shall hand in his resignation to the President of the Republic. The President of the Republic shall appoint a new Head of Government in accordance with the same procedures. Art. 114 (IV) – Should the National People’s Assembly again reject the programme of the new Head of Government, the National People’s Assembly shall be dissolved by right. New legislative elections shall be held within three (3) months at the latest. Art. 114 (V) – The Government shall submit to the National People’s Assembly an annual statement on general policy. The statement on general policy shall be followed by a debate on governmental action. Such debate may end by a resolution of the National People’s Assembly. The Head of Government may request a vote of confidence. Art. 115 (I) – In addition to the powers expressly vested in him by other provisions of the Constitution, the Head of Government shall exercise the following powers: 1) He shall distribute powers among the members of Government in keeping with constitutional provisions; 2) He shall preside over the Council of Government; 3) He shall attend to the enforcement of laws and regulations; 4) He shall sign enforcement orders; and 5) He shall appoint to public office in conformity with the law. Art. 115 (II) – The Head of Government may hand in the resignation of his Government to the President of the Republic. Art. 116 – Under no circumstance shall the President of the Republic delegate the power to appoint and to remove from office the vice-president(s) of the Republic, the Head of Government and the members of Government, to organize a referendum, to dissolve the National People’s Assembly, to call early legislative elections, to implement the provisions laid down in Articles 119 to 124 of the Constitution, as well as the powers provided for in paragraphs 1, 2, 3, 5, 6, and 8 of Article 111 of the Constitution. Art. 147 – The National People’s Assembly may be convoked in extraordinary session by the President of the Republic or on the request of two thirds of its members, or of the Head of Government. The closing of the extraordinary session shall take place as soon as the agenda for which it was convoked is exhausted. Art. 148. – The initiative of laws shall belong concurrently to the Head of Government and the members of the National People’s Assembly. To be receivable, private bills shall be presented by twenty (20) deputies. Bills shall be presented by the Government to the officers of the National People’s Assembly.
Art. 153 – In periods of recess of the National People’s Assembly, the President of the Republic shall have power to make laws by Edict on the proposal of the Head of Government. He shall submit the texts he may have drafted to the consent of the National People’s Assembly at the next session. Art. 155 shall become Article 154 drafted as follows: “The Head of Government may request a second reading of bills passed by the National People’s Assembly within thirty (30) days of their adoption.” “In such a case, a majority of two thirds of the members of the National People’s Assembly shall be required for the adoption of the law.” Art. 154 shall become Article 155 without change. Art. 156 – The President of the Republic may address a message to the National People’s Assembly. Art. 157 – the National People’s Assembly may open a debate on foreign policy on the request of the President of the Republic, the Head of Government, or the Speaker of the National People’s Assembly. If need be, such a debate may end by the adoption of a resolution of the National People’s Assembly that shall be transmitted by the Speaker of the National People’s Assembly to the President of the Republic.
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