เอกสารแนบหมายเลข ๔ 28 พฤษภาคม 2549 21:53 น.        ตัวอย่าง        (ระบบผสม – hybrid)        ระบบกึ่งรัฐสภา – “semi – parliamentary system”        (ประเทศเยอรมนี รัฐธรรมนูญ ค.ศ. 1949 แก้ไขจนถึงปัจจุบัน))                                                                        THE BASIC LAW        FOR        THE FEDERAL REPUBLIC OF GERMANY        ------------------- etc. --------------------                 PREAMBLE        ------------------- etc. --------------------                 I. BASIC RIGHTS        ------------------- etc. --------------------                 II. THE FEDERATION AND THE LÄNDER        ------------------- etc. --------------------                 III. THE BUNDESTAG                 Article 38 (Elections)        (1) Members of the German Bundestag are elected in general, direct, free, equal, and secret elections, They are representatives of the entire people, not bound by orders or instructions, and subject only to their conscience.                 (2) Entitled to vote is any person who has attained the age of eighteen; anyone who has attained the age of majority may be elected.                 (3) Details are regulated by a federal law.                 Article 39 (Convening and the legislative term)        (1) Save the following provisions, the Bundestag is elected for four years. Its term ends when a new Bundestag convenes. New elections are held no sooner than forty-six months and no later than forty-eight months after the legislative term begins. If the Bundestag is dissolved, new elections are held within sixty days.                 (2) The Bundestag convenes at the latest on the thirtieth day after the elections.                 (3) The Bundestag determines the adjournment and the resumption of its sessions. The President of the Bundestag may convene it at an earlier date. He is obligated to do so if one third of the Members, the Federal President or the Federal Chancellor so demand it.        ------------------- etc. --------------------        IV. THE BUNDESRAT                 Article 50 (Functions)        The Länder participates through the Bundesrat in the legislation and administration of the Federation and in matters concerning the European Union.                 Article 51 (Composition)        (1) The Bundesrat consists of members of the Land governments, which appoint and recall them. Other members of those governments may serve as alternates.                 (2) Each Land has at least three votes; Länder with more than two million inhabitants have four, Länder with more than seven million inhabitants six votes.                 (3) Each Land may appoint as many members as it has votes. The votes of each Land may be cast only as a unit and only by Members present or their alternates.        ------------------- etc. --------------------                          V. THE FEDERAL PRESIDENT                 Article 54 (Election by the Federal Convention) [Bundesversammlung]        (1) The Federal President is elected by the Federal Convention without debate. Any German who has the right to vote in Bundestag elections and has attained the age of forty may be elected.                 (2) The term of office of the Federal President is five years. Reelection for a consecutive term is permitted only once.                 (3) The Federal Convention consists of the Members of the Bundestag and an equal number of members elected by the parliaments of the Länder on the basis of proportional representation.        ------------------- etc. --------------------                                 Article 58  (Countersignature)        Orders and directions of the Federal President require for their validity the countersignature of the Federal Chancellor or of the competent Federal Minister. This Provision does not apply to the appointment or dismissal of the Federal Chancellor, the dissolution of the Bundestag under Article 63, or a request made under paragraph (3) of Article 69.        ------------------- etc. --------------------                 VI. THE REDERAL GOVERNMENT                 Article 62 (Composition)        The Federal Government consists of the Federal Chancellor and the Federal Ministers.                 Article 63 (Election and appointment of the Federal Chancellor)        (1) The Federal Chancellor is elected by the Bundestag without debate on the proposal of the Federal President.                 (2) The person who receives the votes of a majority of the Members of the Bundestag is elected. The person elected is appointed by the Federal President                 (3) If the person proposed by the Federal President is not elected, the Bundestag may elect a Federal Chancellor within fourteen days after the ballot by the votes of more than one half of its Members.                 (4) If no Federal Chancellor is elected within this period, a new election shall take place without delay, in which the person who receives the largest number of votes shall be elected. If the person elected receives the votes of a majority of the Members of the Bundestag, the Federal President must appoint him within seven days after the election. If the person elected does not receive such a majority, then within seven days the Federal President shall either appoint him or dissolve the Bundestag.                 Article 64 (Appointment and dismissal of Federal Ministers)        (1) Federal Ministers are appointed and dismissed by the Federal President upon the proposal of the Federal Chancellor.                 (2) On taking office the Federal Chancellor and the Federal Ministers take the oath provided for in Article 56 before the Bundestag.                          Article 65 (Distribution of authority within the Federal Government)        The Federal Chancellor determines and is responsible for the general guidelines of policy. Within these limits each Federal Minister conducts the affairs of his department independently and on his own responsibility. The Federal Government resolves differences of opinion between Federal Ministers. The Federal Chancellor conducts the proceedings of the Federal Government in accordance with the Rules of Procedure adopted by the Government and approved by the Federal President.        ------------------- etc. --------------------                 Article 67 (Constructive vote of no confidence)        (1) The Bundestag may express its lack of confidence in the Federal Chancellor only by electing a successor by the vote of a majority of its Members and requesting the Federal President to dismiss the Federal Chancellor. The Federal President must comply with the request and appoint the person elected.                 (2) Between the motion and the election, forty-eight hours must elapse.                          Article 68 (Vote of confidence; dissolution of the Bundestag)        (1) If a motion of the Federal Chancellor for a vote of confidence is not supported by the majority of the Members of the Bundestag, the Federal President, upon the proposal of the Federal Chancellor, may dissolve the Bundestag within twenty-one days. The right of dissolution lapses as soon as the Bundestag elects another Federal Chancellor by the vote of a majority of its Members.                 (2) Forty-eight hours must elapse between the motion and the vote.        ------------------- etc. --------------------                                   VII. LEGISLATIVE POWERS OF THE FEDERATION                 Article 70 (Division of legislative powers between the Federation and the Länder)        (1) The Länder have the right to legislate insofar as this Basic Law does not confer legislative power on the Federation.                 (2) The division of competence between the Federation and the Länder is governed by the provisions of this Basic Law respecting exclusive and concurrent legislative powers.        ------------------- etc. --------------------        ------------------- etc. --------------------                                                                                         พิมพ์จาก http://public-law.net/view.aspx?ID=928 เวลา 23 พฤศจิกายน 2567 06:36 น. Pub Law Net (http://www.pub-law.net)