The Fight For The Republic in China eBook

This eBook from the Gutenberg Project consists of approximately 444 pages of information about The Fight For The Republic in China.

Art. 40.  The Provisional President may declare general amnesty, grant special pardon, commute punishment, and restore rights, but in the case of a general amnesty he must have the concurrence of the National Council.

Art. 41.  In case the Provisional President is impeached by the National Council he shall be tried by a special Court consisting of nine judges elected among the justices of the Supreme Court of the realm.

Art. 42.  In case the Provisional President vacates his office for various reasons, or is unable to discharge the powers and duties of the said office, the Provisional Vice-President shall take his place.

CHAPTER V.—­MEMBERS OF THE CABINET

Art. 43.  The Premier and the Chiefs of the Government Departments shall be called Members of the Cabinet (literally, Secretaries of State Affairs).

Art. 44.  Members of the Cabinet shall assist the Provisional President in assuming responsibilities.

Art. 45.  Members of the Cabinet shall countersign all Bills introduced by the Provisional President, and all laws and orders issued by him.

Art. 46.  Members of the Cabinet and their deputies may be present and speak in the National Council.

Art. 47.  Upon members of the Cabinet having been impeached by the National Council, the Provisional President may remove them from office, but such removal shall be subject to the reconsideration of the National Council.

CHAPTER VI.—­THE JUDICIARY

Art. 48.  The Judiciary shall be composed of those judges appointed by the Provisional President and the Minister of Justice.

The organization of the Courts and the qualifications of judges shall be determined by law.

Art. 49.  The Judiciary shall try civil and criminal cases, but cases involving administrative affairs or arising from other particular causes shall be dealt with according to special laws.

Art. 50.  The trial of cases in the law Courts shall be conducted publicly, but those affecting public safety and order may be in camera.

Art. 51.  Judges shall be independent, and shall not be subject to the interference of higher officials.

Art. 52.  Judges during their continuance in office shall not have their emoluments decreased and shall not be transferred to other offices, nor shall they be removed from office except when they are convicted of crimes, or of offences punishable according to law by removal from office.

Regulations for the punishment of judges shall be determined by law.

CHAPTER VII.—­SUPPLEMENTARY ARTICLES

Art. 53.  Within ten months after the promulgation of this Provisional Constitution the Provisional President shall convene a National Assembly, the organization of which and the laws for the election of whose members shall be decided by the National Council.

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The Fight For The Republic in China from Project Gutenberg. Public domain.
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