蘇利南共和國憲法是 1987年國民議會通過新憲法草案並生效。
基本介紹
- 中文名:蘇利南共和國憲法
- 外文名:Constitution of the Republic of Suriname
憲法內容,憲法全文,生效時間,
憲法內容
憲法規定:立法權由國民議會和總統共同行使,國民議會經由全民選舉產生。總統和副總統由國民議會三分之二以上多數選舉產生,如果未達三分之二,將由國民議會和省、市議會共同組成的國民大會選舉產生。總統是國家元首、政府首腦、國務委員會主席、武裝部隊總司令,行使行政權,任命內閣;政府由總統、副總統及各部部長組成,副總統兼任總理,領導內閣,對總統負責,政府部長不是國民議會的議員;國務委員會監督政府執行國民議會的決定,成員由總統和工會、企業、立法機構及軍方等主要政治力量的代表組成,有權否決它認為違背憲法的法案,最終否決權在總統手中,總統在1個月內考慮同意或反對國務委員會的決定。法院司法獨立,不受任何干涉。
憲法全文
Constitution of the Republic of Suriname
Preamble
WE, THE PEOPLE OF SURINAME,
inspired by the love for this Country and the belief in the power of the
Almighty and guided by the centuries-long struggle of our people against
colonialism, which was terminated by the establishment of the Republic of
Suriname on 25 November 1975,
taking the coup d'ètat of 25 February 1980 and the consequences thereof,
conscious of our duty to combat and to prevent every form of foreign
domination,
resolved to defend and protect the national sovereignty, independence and
integrity,
assured of the will to determine our economic, social and cultural development
in full freedom convinced of our duty to honor and to guarantee the principles
of freedom, equality and democracy as well as the fundamental rights and
freedoms of man,
inspired by a civic spirit and by the participation in the construction,
expansion and maintenance of a society that is socially just,
determined to collaborate with one another and with all peoples of the world
on the basis of freedom, equality, peaceful coexistence and international
solidarity,
SOLEMNLY DECLARE, TO ACCEPT, AS A RESULT OF THE PLEBISCITE HELD, THE FOLLOWING
CONSTITUTION.
CHAPTER I SOVEREIGNTY
First Section
THE REPUBLIC OF SURINAME
Article I
The Republic of Suriname is a democratic State based upon the sovereignty of
the people and on the respect and guarantee of the fundamental right and
liberties.
The Suriname Nation shall determine in full freedom its economic social and
cultural development.
Second Section
TERRITORY
Article 2
Suriname consists of the territory on the South American continent, which has
been defined as such.
The State shall not alienate any territory or sovereign rights which it
exercises over that territory.
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The extent and boundaries of the territorial waters and the rights of Suriname
to the adjacent continental shelf and the economic zone are determined by law.
Third Section
NATIONALITY
Article 3
Who is a Suriname national and who is a resident shall be decided by law.
Naturalization shall be regulated by law.
All Suriname citizens are allowed access into Suriname and are free to move
about and to reside within Suriname, except in the cases, defined in the law.
All Suriname citizens shall be eligible for appointment to any public office
in without discrimination.
The law shall determine in which public offices foreigners can be appointed.
The admission of foreigners and their expulsion shall be regulated by law.
The law shall determine the rules regarding the extradition of foreigners;
extradition can only be effected on the basis of a treaty and in the manner
determined by law.
Fourth Section
STATE AND SOCIETY
Article 4
The concern of the State is aimed at:
a. The construction and maintenance of a national economy free from foreign
domination;
b. A Secured means of livelihood for the entire nation;
c. Sufficient employment under the guarantee of freedom and justice;
d. The sharing of everyone in the economic, social and cultural development
and progress;
e. Participation in the sense of citizenship during the construction, the
expansion and the maintenance of a just society;
f. Guaranteeing national unity and sovereignty.
CHAPTER II ECONOMIC GOALS
Article 5
The economic objectives of the Republic of Suriname shall aim at the
construction of a national economy, free from foreign domination and in the
interest of the Surinamese nation.
The economic system within which the social-economic development takes place
shall be characterized by joint, contemporaneous and equal functioning of
state enterprises, private enterprises, enterprises in which the State and
private persons participate in common and cooperative enterprises, according
to rules of law applicable in that matter.
It is the duty of the State to promote and to guarantee as much as possible
all types of entrepreneurial production.
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CHAPTER III SOCIAL GOALS
Article 6
The social objectives of the State shall aim at:
a. The identification of the potentialities for development of the own natural
environment and the enlarging of the capacities to ever more expand those
potentialities;
b. Guaranteeing the participation of the community in the political life among
other ways through national, regional and sectoral participation;
c. Guaranteeing a government policy aimed at raising the standard of living
and of well-being of the society, based upon social justice, the integral and
balanced development of State and society;
d. An equitable distribution of the national income, directed towards a fair
distribution of well-being and wealth over all strata of the population;
e. Regional spreading of public utilities and economic activities;
f. The improvement of codetermination by the employees in companies and
production units in the taking of decisions about production, economic
development and planning;
g. Creating and improving the conditions necessary for the protection of
nature and for the preservation of the ecological balance.
CHAPTER IV INTERNATIONAL PRINCIPLES
Article 7
The Republic of Suriname recognizes and respects the right of nations to selfdetermination and national independence on the basis of equality, sovereignty
and mutual benefit.
The Republic of Suriname promotes the development of the international legal
order and supports the peaceful settlement of international disputes.
The Republic of Suriname rejects any armed aggression, any form of political
and economic pressure, as well as every direct or indirect intervention in the
domestic affairs of other States.
The Republic of Suriname promotes the solidarity and collaboration with other
peoples in the combat against colonialism, neo-colonialism, racism, genocide
and in the combat for national liberation, peace and social progress.
The Republic of Suriname promotes the participation in international
organizations with a view to establishing peaceful coexistence, peace and
progress for mankind.
CHAPTER V BASIC RIGHTS, INDIVIDUAL RIGHTS AND FREEDOMS
Article 8
All who are within the territory of Suriname shall have an equal claim to
protection of person and property.
No one shall be discriminated against on the grounds of birth, sex, race,
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language, religious origin, education, political beliefs, economic position or
any other status.
Article 9
Everyone has a right to physical, mental and moral integrity.
No one may be submitted to torture, degrading or inhuman treatment or
punishment.
Article 10
Everyone shall have, in case of infringement of one's rights and freedoms, a
claim to an honest and public treatment of his complaint within a reasonable
time by an independent and impartial judge.
Article 11
No person may be kept against his will from the judge whom the law assigns to
him.
Article 12
Everyone has the right to legal assistance before the courts
The law shall provide regulations with regard to legal aid for the financially
weak.
Article 13
Loss of civil rights or the general forfeiture of all the property of an
offender may not be imposed as a penalty or as a consequence of a penalty for
any crime.
Article 14
Everyone has a right to life. This right shall be protected by the law.
Article 15
No one shall be obliged to do forced or compulsory labor.
Article 16
Everyone has the right to personal liberty and safety.
No one will be deprived of his freedom, other than on grounds and according to
proceedings determined by law.
Everyone who is deprived of his freedom has a right to a treatment in
accordance with human dignity.
Article 17
Everyone has a right to respect of his privacy, his family life, his home and
his honor and good name.
No dwelling may be entered against the occupant's will except by order of an
authory which has the power to give that order by virtue of law and subject to
the conditions prescribed by the law.
The confidentiality of correspondence, telephone and telegraph is inviolable
except in the cases described by law.
Article 18
Everyone has the right of freedom of religion and philosophy of life.
Article 19
Everyone has the right to make public his thoughts or feelings and to express
his opinion through the printed press or other means of communication, subject
to the responsibility of all as set forth in the law.
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Article 20
Everyone has the right to freedom of peaceful association and assembly, taking
into consideration the rules to be determined by law for the protection of
public order, safety, health and morality.
Article 21
The right to demonstrate peacefully is recognized.
The use of that right can, for the protection of public order, safety, health
and morality, be submitted to limitation through the law.
Article 22
Everyone has the right to submit written petitions to the competent authority.
The law regulates the procedure for handling them.
Article 23
In case of war, danger of war, state of siege or state of emergency or for
reasons of state security, public order and good morals, the rights mentioned
in the Constitution may be submitted to limitations by law, which will be in
force during a certain time, depending on the circumstances, in compliance
with the international rules applicable in respect thereof.
CHAPTER VI SOCIAL, CULTURAL AND ECONOMIC FIGHTS AND OBLIGATIONS
First Section
THE RIGHT TO WORK
Article 24
The state shall take care of the creation of conditions in which an optimal
satisfaction of the basic needs for work, food, health care, education,
energy, clothing and communication is obtained.
Article 25
Labor is the most important means of human development and an important source
of wealth.
Article 26
Everyone has the right to work, in accordance with his capacities.
The duty to work is inseparably linked to the right to work.
Everyone has the right of free choice of profession and work, except for
regulations imposed by law.
Everyone has the right of initiative for economic production.
Second Section
STATE CONCERN FOR LABOR
Article 27
It shall be the duty of the State to guarantee the right to work, as much as
possible by:
a. Following a planned policy, aimed at full employment;
b. Forbidding the discharge without sufficient cause or for political or
ideological reasons;
c. Guaranteeing equal opportunity in the choice of profession and type of work
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and forbidding that access to any function or profession by prevented or
limited on grounds of sex;
d. Promoting professional training for employees.
The State shall take care of the creation of conditions for the optimal
promotion of initiatives for economic production.
Third Section
RIGHTS OF EMPLOYEES
Article 28
All employees have, independent of age, sex, race, nationality, religion or
political opinions, the right to:
a. Remuneration for their work corresponding to quantity, type, quality and
experience on the basis of equal pay for equal work;
b. The performance of their task under humane conditions, in order to enable
self-development;
c. Safe and healthy working condition;
d. Sufficient rest and recreation.
Fourth Section
DUTIES OF THE STATE CONCERNING THE RIGHTS OF EMPLOYEES
Article 29
It is the duty of the State to indicate the conditions for work, remuneration
and rest to which employees are entitled, especially by:
a. Making regulations with regard to wages, time of work, about conditions and
special categories of workers;
b. Supplying special protection on the job for women before and after
pregnancy, for minors, disabled persons and for those who are engaged in work
which demands special efforts or who work in unhealthy or dangerous
conditions.
Fifth Section
FREEDOM OF TRADE UNIONS
Article 30
Employees are free to establish trade unions to foster their rights and
interests.
For the exercise of the rights of trade unions the following freedoms are
guaranteed indiscriminately:
a. Freedom to join or not to join a trade union;
b. The right to participate in trade union activities.
Trade unions shall be governed by the principles of democratic organization
and management, based on regular elections of their boards of directors
through secret ballot.
Sixth Section
RIGHTS OF TRADE UNIONS AND COLLECTIVE AGREEMENTS
Article 31
The trade unions shall have the power to defend the rights and interests of
the employees they represent and for whom they assume responsibility.
生效時間
1987年。