词条 | 2008 Palauan referendum | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
释义 |
A twenty-three-part referendum was held in Palau on 4 November 2008 alongside the country's general elections. Voters were asked questions on requirements of citizenship to hold office, government provision of primary school and health care, the definition of marriage and term limits for Parliament. Only the proposal permitting naturalization for certain adoptees failed to obtain the requisite majority of the vote and majority in 3/4th of the states. ResultsNo dual citizenship for PresidentA popular initiative proposed amending the constitution to prohibit dual citizens from being eligible to hold the office of President or Vice President. It would amend Article VIII, Section 3 of the Constitution to read: {{blockquote|Any citizen of Palau who is not a citizen of another country and who is not less than thirty-five (35) years of age and who has been a resident of Palau for the five (5) years immediately, preceding the election shall be eligible to hold the office of President or Vice President.[1]}}
Separate election of President and Vice PresidentA popular initiative proposed amending the constitution to permit the President and Vice President to be elected separately. It was meant to undo joint election, which was passed by referendum in 2004. It would amend Article VIII, Section 4 of the Constitution to read: {{blockquote|The President and Vice President shall be elected in a nationwide election for a term of four years.
Definition of the inauguration of President and Vice PresidentA popular initiative proposed amending the constitution to specifically define the end date of a Presidential and Vice Presidential term and the inauguration of a new one. It would add a new paragraph to Article VIII, Section 4 of the Constitution which read: {{blockquote|The terms of the incumbent President and Vice President shall end at the time of the installation of the President and Vice President-elect Which shall take place on the third Monday of January after the general election, at eleven o'clock am[3]}}
Right to trial by jury for serious crimesA popular initiative proposed amending the constitution to require a trial by jury for serious crimes. It would add a new section to Article IV of the Constitution which would read: {{blockquote|Section 14: The Olbiil Era Kelulau may provide for a trial by jury in criminal and civil cases, as prescribed by law, provided, however, that where a criminal offense is to have been committed after December 31, 2009, and where search criminal offense is punishable by a sentence of imprisonment of twelve (12) months or more, the accused shall have the right to a trial by a jury, as prescribed by law.[4]}}
No dual citizens as members of ParliamentA popular initiative proposed amending the constitution to prevent dual citizens from being elected to Parliament. It would amend Article IX, Section 6 of the Constitution to read as follows: {{blockquote|To be eligible to hold office in the Olbiil Era Kelulau, a person must be:a citizen of Palau only;not less than twenty-five (25) years of age; a resident of Palau for not less than five (5) years immediately, preceding the election, and a resident of the district in which he wishes to run for office for not less than one (1) year immediately, preceding the election.[5]}}
Limits on compensation for members of ParliamentA popular initiative proposed amending the constitution to limit the compensation paid to members of Parliament. It would amend Article IX, Section 8 of the Constitution to read as follows: {{blockquote|The compensation of the members of the Eighth Olbiil Era Kelulau shall be a
Beginning and end of a legislative termA popular initiative proposed amending the constitution to define the beginning and end of a legislative term. It would amend Article IX, Section 11 of the Constitution to read as follows: {{blockquote|The terms of the incumbent members of the Olbiil Era Kelulau shall end at the time of the installation of the members-elect, Which shall take place on the third Monday of January after the general election. Each house of the Olbiil Era Kelulau shall convene its meeting on the fourth
No term limit for members of ParliamentA popular initiative proposed amending the constitution to repeal the parliamentary term limits amendment passed in 2004. It read as follows: {{blockquote|'The Amendment of the Constitution "limiting terms of members of the Olbiil Era Kelulau" is hereby repealed.[8]}}
Separation of Appellate Division of the Supreme CourtA popular initiative proposed amending the constitution to separate the Appellate Division of the Supreme Court from the Trial Division. It would amend Article X Section 2 to read as follows: {{blockquote|The Supreme Court is a court of record, Consisting of an appellate division and a trial division. The Supreme Court shall be composed of a Chief Justice and not less than three (3)
Constitutional voting anytimeA popular initiative proposed amending the constitution to permit amendment of the constitution by referendum at any time, where referenda had previously been limited to taking place during general elections. It would amend Article XIV, Section 2 to read as follows: {{blockquote|Section 2: After the Election Commission certifies that a proposed amendment has satisfied the requirement of this Article, a nationwide election shall be held on the proposed amendment as prescribed by law, provided that no such election shall be held either six (6) months before or six (6) months after a general election.Section
Academic freedom at all levelsA popular initiative proposed amending the constitution to ensure a right to academic freedom in all institutions of higher learning. It would add a new section to Article IV to read as follows: {{blockquote|Section 15: In post-secondary education and any institution of higher learning, academic freedom is guaranteed.[11]}}
Dual citizenship with all possible statesA popular initiative proposed amending the constitution to ensure a right to academic freedom in all institutions of higher learning. It would amend the constitutional section on "Allowing Palauans Multiple Citizenship" to read as follows:: {{blockquote|A person born of parents, one or both of whom are or are citizens of Palau of recognized Palauan ancestry, is a citizen of Palau,Section 2 Repealer. Article III, Sections 2 and 3 are hereby repealed.[12]}}
Naturalization for adopteesA popular initiative proposed amending the constitution to permit adoptees to petition the government for naturalization. It would amend Article III, Section 4 to read as follows: {{blockquote|A person born of parents who are not
This was the only proposal among the package of twenty-three which failed. Postal voting for citizens overseasA popular initiative proposed amending the constitution to permit overseas Palauans to vote by absentee ballot. It would amend Article VII to read as follows: {{blockquote|A citizen of Palau eighteen (18) years of age or older may vote in national and state elections. The Olbiil Era Kelulau shall prescribe a minimum period of residence for voter registration and provide for national elections. Each state shall prescribe a minimum period of residence and provide for voter registration for state elections. A citizen who is in prison, serving a sentence for a felony, or mentally incompetent as determined by a court may not vote. Voting shall only be by absentee ballot for voters who are outside the territory of Palau during an election.[14]}}
Land acquisition for diplomatic purposesA popular initiative proposed amending the constitution to permit foreign countries to acquire land for diplomatic purposes. It would amend Article XIII, Section 8 to read as follows: {{blockquote|Only citizens of Palau and corporations wholly owned by citizens of Palau may acquire title to land or waters in Palau. Foreign countries, with which Palau establishes diplomatic relations, may acquire title to land for Diplomatic purposes Pursuant to bilateral treaties or agreements.[15]}}
Land acquisition for non-Palauans limited to 99 yearsA popular initiative proposed amending the constitution to limit land ownership by non-Palauans to 99 years. It would amend Article XIII, Section 8 to read as follows: {{blockquote|Only citizens of Palau and corporations wholly owned by citizens of Palau may acquire title to land or waters in Palau. While non-citizens may not acquire title to land, Palauan citizens may lease land in Palau to non-citizens or corporations not wholly owned by citizens for up to 99 years.[16]}}
Support for Palauan cultureA popular initiative proposed amending the constitution to require the government to support Palauan traditional culture. It would amend Article V, adding a new paragraph which read as follows: {{blockquote|Section 3: The national government shall take affirmative action to assist traditional leaders in the preservation, protection, and promotion of Palauan heritage, culture, languages, customs, and traditions.[17]}}
Marriage as between a man and a woman onlyVoters were asked whether they approved of a popular initiative to amend the constitution defining marriage as between a man and a woman. Article IV, Section 13 of the Constitution would be amended to read as follows: {{blockquote|The government shall provide for marital and related parental rights, privileges and responsibilities on the basis of equality between men and women, mutual consent and cooperation. All marriages contracted within the Republic of Palau shall be between a man and a woman. Parents or individuals acting in the capacity of parents shall be legally responsible for the support of and for the unlawful conduct of their minor children as prescribed by law.[18]}}
Free primary schoolA popular initiative proposed amending the constitution to require the government to provide free education for grades one through twelve. It would amend Article VI to read as follows: {{blockquote|The national government shall take positive action to attain these national objectives and implement these national policies: conservation of a beautiful, healthful and resourceful natural environment: promotion of the national economy: protection of the safety and security of persons and property: promotion of the health and social welfare of the citizens through the commission of free or subsidized health care: and commission of public education for citizens Which shall be free from grades one (1) to twelve (12) and compulsory as prescribed by law.[19]}}
Free preventive health careA popular initiative proposed amending the constitution to require the government to provide free health care. It would add a new section to Article IV to read as follows: {{blockquote|Section 16: The national government shall provide free preventive health care for every citizen as prescribed law.[20]}}
Priority of Palauan before the English language in the ConstitutionVoters were asked whether they approved of a popular initiative to amend the constitution to give the Palauan version priority of interpretation over the English version. Article XIII, Section 2 of the Constitution would be amended to read as follows: {{blockquote|The Palauan and English versions of this Constitution shall be equally authoritative: in a case of conflict, the
Definition of territorial watersA popular initiative proposed amending the constitution to define the nation's territorial waters. It would amend Article I, Sections 1 and 2 to read as follows: {{blockquote|Section 1: (A) The Republic of Palau shall have jurisdiction and sovereignty over its territory Which consist of all the islands, atoll reefs, and shoals that have traditionally been inSection 2: '(A) The Republic of Palau shall have exclusive ownership and shall exercise its sovereign rights to conserve, develop, exploit, explore, and manage at a sustainable manner all living and non-living resources within its exclusive economic zone and its continental shelf in accordance with applicable treaties, international law and practices. The Republic of Palau shall have exclusive ownership and sovereign jurisdiction over all mineral resources in the seabed, subsoil, water column and insular shelves within its continental self. (B) Each state shall have exclusive ownership of all living and non-living resources except highly migratory fish
Judicial Appointments Commission only Palauan citizensA popular initiative proposed amending the constitution to require all members of the Judicial Nominating Commission to be citizens of Palau. It would amend Article 7 Chapter X to read as follows: {{blockquote|The Judicial Nominating Commission shall consist of seven (7) members, all of whom shall be citizens of the Republic of Palau, as defined by Article III of the Constitution of the Republic of Palau. The Chief Justice of the Supreme Court shall be one of the seven (7) members and shall act as chairman.
References1. ^ Direct Democracy {{de icon}} {{Palauan elections}}2. ^ Direct Democracy {{de icon}} 3. ^ Direct Democracy {{de icon}} 4. ^ Direct Democracy {{de icon}} 5. ^ Direct Democracy {{de icon}} 6. ^ Direct Democracy {{de icon}} 7. ^ Direct Democracy {{de icon}} 8. ^ Direct Democracy {{de icon}} 9. ^ Direct Democracy {{de icon}} 10. ^ Direct Democracy {{de icon}} 11. ^ Direct Democracy {{de icon}} 12. ^ Direct Democracy {{de icon}} 13. ^ Direct Democracy {{de icon}} 14. ^ Direct Democracy {{de icon}} 15. ^ Direct Democracy {{de icon}} 16. ^ http://kshiro.web44.net/republic/rep_con/22concon_pdf/conconballot_16_17.pdf {} 17. ^ Direct Democracy {{de icon}} 18. ^http://www.sudd.ch/event.php?lang=en&id=pw182008 19. ^ Direct Democracy {{de icon}} 20. ^ Direct Democracy {{de icon}} 21. ^http://www.sudd.ch/event.php?lang=en&id=pw212008 22. ^ Direct Democracy {{de icon}} 23. ^ Direct Democracy {{de icon}} 3 : 2008 referendums|2008 in Palau|Referendums in Palau |
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