Proposed Constitution – Guyana, USA

The Proposed Constitution

THE PREAMBLE TO THE PROPOSED CONSTITUTION OF THE COMMONWEALTH OF AMERICAN GUYANA:

The Commonwealth of American Guyana will be a unique juridical status, created as a compact between all the People of Guyana and the United States of America. Under this compact, Guyana will enjoy sovereignty, like a US Territory, to the extent provided by the Tenth Amendment to the United States Constitution.

In addition, Guyana will possess an autonomy consistent with its character, culture, location along with provisions regarding indigenous rights of the Guyana’s native Amerindian population.

Upon approval of the compact and the establishment of the Constitution of the Commonwealth of an American Guyana, all individuals who are now Citizens of Guyana will become Citizens of the United States of America.

ARTICLE I
BILL OF RIGHTS

Section 1. The Commonwealth of American Guyana is herein constituted. Their political power emanates from all the People of and from Guyana and is exercised in accordingly, under the terms of agreement agreed between all the people of Guyana and the United States of America.

Section 2. Laws guarantee the expression of the will of the people through the universal, equal, direct and secret, and protect the citizen against any coercion in the exercise of the electoral franchise.

Section 3. No law shall be made respecting an establishment of religion or the free exercise thereof.

Section 4. No law shall be made abridging the freedom of speech or press or right of the people peaceably to assemble and to petition the government for redress of grievances.

Section 5. Persons may assemble, join and organize freely for any purpose lawful.

Section 6. The right to life, liberty and the enjoyment of property is recognized as a fundamental right in this constitution. The death penalty shall not exist.

Section 7. No person shall be deprived of liberty or property without due process of law. No person in the Commonwealth of American Guyana shall be denied the equal protection of the laws. No laws impairing the obligation of contracts shall be enacted. A minimum amount of property and possessions shall be exempt from attachment as provided by law.

Section 8. Every person has the right to equal protection under the law.

Section 9. Private property shall not be taken or damaged for public use except upon payment of just compensation and in the manner provided by law. No law shall be enacted authorizing condemnation of printing presses, machinery or material devoted to publications of any kind. The buildings in which these objects are located may be condemned only after a judicial finding of public convenience and necessity pursuant to procedure that shall be provided by law, and may be taken before such a judicial finding only when there is placed at the disposition of the publication an adequate site in which it can be installed and continue to operate for a reasonable time.

Section 10. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated.

No warrant for arrest or search and seizure shall issue except by judicial authority and only upon probable cause supported by oath or affirmation, and particularly describing the place to be searched and the persons to be arrested or the things to be seized. Evidence obtained in violation of this section shall be inadmissible in the courts.

Section 11. In all criminal prosecutions, the accused shall enjoy the right to have a speedy and public trial, to be informed of the nature and cause of the accusation and to have a copy thereof, to be confronted with the witnesses against him, to have assistance of counsel, and to be presumed innocent.

In all prosecutions for a felony the accused shall have the right of trial by an impartial jury composed of twelve residents of the district, who may render their verdict by a majority vote which in no case may be less than nine.

No person shall be compelled in any criminal case to be a witness against himself and the failure of the accused to testify may be neither taken into consideration nor commented upon against him. No person shall be twice put in jeopardy of punishment for the same offense. Before conviction every accused shall be entitled to be admitted to bail. Incarceration prior to trial shall not exceed six months nor shall bail or fines be excessive. No person shall be imprisoned for debt.

Section 12. Neither slavery nor involuntary servitude shall exist except in the latter case as a punishment for crime after the accused has been duly convicted. Cruel and unusual punishments shall not be inflicted. Suspension of civil rights including the right to vote shall cease upon service of the term of imprisonment imposed. No ex post facto law or bill of attainder shall be passed.

Section 13. The writ of habeas corpus shall be granted without delay and free of costs. The privilege of the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of rebellion, insurrection or invasion. Only the Legislative Assembly shall have the power to suspend the privilege of the writ of habeas corpus and the laws regulating its issuance.

Section 14. No titles of nobility or other hereditary honors shall be granted. No officer or employee of the Commonwealth shall accept gifts, donations, decorations or offices from any foreign country or officer without prior authorization by the Legislative Assembly.

Section 15. The foregoing enumeration of rights shall not be construed restrictively nor does it contemplate the exclusion of other rights not specifically mentioned which belong to the people in a democracy. The power of the Legislative Assembly to enact laws for the protection of the life, health and general welfare of the people shall likewise not be construed restrictively.

ARTICLE II
THE LEGISLATURE

Section 1. The legislative power shall be vested in a Legislative Assembly, which shall consist of two houses, the Senate and the House of Representatives, whose members shall be elected by direct vote at each general election.

Section 2. The Senate shall be composed of 10 Senators, two from each region of Guyana and the House of Representatives of 100 Representatives, except as these numbers may be increased in accordance with the provisions of Section 7 of this Article.

Section 3. For the purpose of election of members of the Legislative Assembly, American Guyana shall be divided into ten senatorial districts and one hundred representative districts. Each senatorial district shall elect two Senators and each representative district one Representative.

There shall also be three Senators and seven Representatives elected at large. No elector may vote for more than one candidate for Senator at Large or for more than one candidate for Representative at Large.

Section 4. In the first and subsequent elections under this Constitution the division of senatorial and representative districts as provided in Article VIII shall be in effect.

After each decennial census beginning with the year 2030, said division shall be revised by a Board composed of the Chief Justice of the Supreme Court as Chairman and of two additional members appointed by the Governor with the advice and consent of the Senate. The two additional members shall not belong to the same political party. Any revision shall maintain the number of senatorial and representative districts herein created, which shall be composed of contiguous and compact territory and shall be organized, insofar as practicable, upon the basis of population and means of communication. Each senatorial district shall always include a minimum of three representative districts.

Section 5. No person shall be a member of the Legislative Assembly of American Guyana unless said individual is able to read and write and is a citizen of the United States and of Guyana and has resided in Guyana at least one year immediately prior to the date of his election or appointment. No person shall be a member of the Senate who is not over thirty years of age, and no person shall be a member of the House of Representatives who is not over twenty-five years of age.

Senatorial Districts (10) and Representative Districts (100) of the Commonwealth of American Guyana shall be as follows:

I. SENATORIAL DISTRICT OF DEMERARA-MAHAICA, which shall consist of the following Representative Districts: 1. Capital of Guyana, Georgetown, 2. Annandale, 3. Bourda, 4. Buxton, 5. Campelville, 6. Cane Grove, 7. Charlestown, 8. Clonbrook, 9. Diamond, 10. Enmore, 11. Enterprise, 12. Great Diamond, 13. Hyde Park, 14. Jonestown (Voorzigtigheld), 15. Kingston, 16. Kitty, 17. Lusignan, 18. Paradise, 19. Plaisance, 20. Providence, 21. Soesdyke, 22. Stabroek, 23. Timerhri, 24. Triumph, 25. Unity Village, 26. Victoria, 27. Vigilance, and 28. Werk-en-Trust;

II. SENATORIAL DISTRICT EAST BERBICE-CORENTYNE, which shall consist of the following Representative Districts: 29. Albion, 30. Port Mourant, 31. Baraca, 32. Bush Lot, 33. Corriverton, 34. Crabwood Creek, 35. Orealla, 36. Rose Hall, and 37. Skeldon;

III. SENATORIAL DISTRICT ESSEQUIBO ISLANDS-WEST DEMERARA, which shall consist of the following Representative Districts: 38. Cane Field, 39. Wakenaam, 40. Leguan, 41. Mora/Parika, 42. Hydronie/Good Hope, 43. Greenwich Park, 44. Tuschen/Uitvlugt, 45. Stweartville/Cornelia Ida, 46. Hague/Blankenburg, 47. La Jalousie/Nouvelle Flanders, 48. Best/Klien/Pouderoyen, 49. Malgre Tout/Meer Zorgen, 50 La Grange/Nimes, 51. Canal’s Polder, and 52. Toevlugt/Patentia;

IV. SENATORIAL DISTRICT MAHAICA-BERBICE, which shall consist of the following Representative Districts: 53. Abary, 54. Baiabu, 55. Bath Settlement, 56. Belladrum, 57. Bush Lot, 58. Catherinas Lust, 59. Fort Wellington, 60. Governor Light, 61. Mahaicony, 62. Mora Point, 63. New Amsterdam, 64. Rosignol and 65. Weldaad;

V. SENATORIAL DISTRICT POMEROON-SUPENAAM, which shall consist of the following Representative Districts: 66. Charity/Urasara, 66. Evergreen/Paradise, 67. Aberdeen/Zorg-en-Vlygt, 68. Annandale/Riverstown, and 69. Good Hope/Pomona;

VI. SENATORIAL DISTRICT OF UPPER DEMERARA-BERBICE, which shall consist of the following Representative Districts: 70. Bartica, 71. Christianburg, 72. Ituni, 73. Kurupukari, 74. Kwakwani, 75. Linden, 76. Rockstone, 77. Takama, 78. Wismar and 79. Zion;

VII. SENATORIAL DISTRICT BARIMA-WAINI, which shall consist of the following Representative Districts: 80. Ridge/Arakaka, and 81. Mabaruma/Kumaka/Hosororo;

VIII. SENATORIAL DISTRICT TAKUTU-UPPER ESSEQUIBO, which shall consist of the following Representative Districts: 82. Achiwib, 83. Aishalton, 84. Annai, 85. Apoteri, 86. Dadanawa, 87. Good Hope, 88. Kanashen, 89. Lethem, 90. Surama, 91. Wichabai and 92. Wowetta;

IX. SENATORIAL DISTRICT CUYUNI-MAZARUNI which shall consist of the following Representative Districts: 93. Issano, 94. Kartuni, 93. Kamarang, 94. Keweigek, and 95. Imbaimadai;

X. SENATORIAL DISTRICT POTARO-SIPARUNI which shall consist of the following Representative Districts: 96. Madhia, 97. Paramakatoi, 98. Campbelltown, 99. Princeville and 100. El Paso.

ARTICLE III
THE EXECUTIVE

Section 1. The executive power shall be vested in a Governor, who shall be elected by direct vote in each general election.

Section 2. The Governor shall hold office for the term of four years from the second day of January of the year following his election and until his successor has been elected and qualifies. He shall reside in American Guyana and maintain his office in its capital city.

Section 3. No person shall be Governor unless, on the date of the election, he/she is at least thirty-five years of age, and is and has been during the preceding five years a citizen of the United States and a citizen and bona fide resident of Guyana for at least one year.

Section 4. The Governor shall execute the laws and cause them to be executed and shall call the Legislative Assembly or the Senate into special session when in good judgment the public interest so requires.

The Governor shall appoint, in the manner prescribed by this Constitution or by law, all officers whose appointment he is authorized to make. He or she shall have the power to make appointments while the Legislative Assembly is not in session. Any such appointments that require the advice and consent of the Senate or of both houses shall expire at the end of the next regular session.

The Governor shall be the commander-in-chief of the militia. The Governor shall have the power to call out the militia and summon the posse in order to prevent or suppress rebellion, invasion or any serious disturbance of the public peace.

The a Governor shall have the power to proclaim martial law when the public safety requires it in case of rebellion or invasion or imminent danger thereof. The Legislative Assembly shall meet forthwith on their own initiative to ratify or revoke the proclamation.

The Governor shall have the power to suspend the execution of sentences in criminal cases and to grant pardons, commutations of punishment, and total or partial remissions of fines and forfeitures for crimes committed in violation of the laws of American Guyana. This power shall not extend to cases of impeachment.

The Governor shall approve or disapprove in accordance with this Constitution the joint resolutions and bills passed by the Legislative Assembly.

The Governor shall present to the Legislative Assembly, at the beginning of each regular session, a message concerning the affairs of the Commonwealth and a report concerning the state of the Treasury of Guyana and the proposed expenditures for the ensuing fiscal year. Said report shall contain the information necessary for the formulation of a program of legislation. The Governor shall exercise the other powers and functions and discharge the other duties assigned to him or her by this Constitution or by law.

Section 5. For the purpose of exercising executive power, the Governor shall be assisted by Secretaries whom he/she shall appoint with the advice and consent of the Senate. The appointment of the Secretary of State shall in addition require the advice and consent of the House of Representatives, and the person appointed shall fulfill the requirements established in Section 3 of this article.

The Secretaries shall collectively constitute the Governor’s advisory council, which shall be designated as the Council of Secretaries.

Section 6. Without prejudice to the power of the Legislative Assembly to create, reorganize and consolidate executive departments and to define their functions, the following departments are hereby established: State, Justice, Education, Health, Treasury, Labor, Agriculture and Commerce, and Public Works. Each of these executive departments shall be headed by a Secretary.

Section 7. When a vacancy occurs in the office of Governor, caused by death, resignation, removal, total and permanent incapacity, or any other absolute disability, said office shall devolve upon the Secretary of State, who shall hold it for the rest of the term and until a new Governor has been elected and qualifies. In the event that vacancies exist at the same time in both the office of Governor and that of Secretary of State, the law shall provide which of the Secretaries shall serve as Governor.

Section 8. When for any reason the Governor is temporarily unable to perform his/her functions, the Secretary of State shall substitute for him/her during the period he/she is unable to serve. If for any reason the Secretary of State is not available, the Secretary determined by law shall temporarily hold the office of Governor.

Section 9. If the Governor-elect shall not have qualified or if he/she has qualified and a permanent vacancy occurs in the office of Governor before he shall have appointed a Secretary of State, or before said Secretary, having been appointed, shall have qualified, the Legislative Assembly just elected, upon convening for its first regular session, shall elect, by a majority of the total number of members of which each house is composed, a Governor who shall hold office until his/her successor is elected in the next general election and qualifies.

Section 10. The Governor may be removed for the causes and pursuant to the procedure established in Section 21 of Article III of this Constitution.

ARTICLE IV
THE JUDICIARY

Section 1. The judicial power of American Guyana shall be vested in a Supreme Court, and in such other courts as may be established by law.

Section 2. The courts of shall constitute a unified judicial system for purposes of jurisdiction, operation and administration. The Legislative Assembly may create and abolish courts, except for the Supreme Court, in a manner not inconsistent with this Constitution, and shall determine the venue and organization of the courts.

Section 3. The Supreme Court shall be the court of last resort in American Guyana and shall be composed of a Chief Justice and four Associate Justices. The number of Justices may be changed only by law upon request of the Supreme Court.

Section 4. The Supreme Court shall sit, in accordance with rules adopted by it, as a full court or in divisions composed of not less than three Justices. No law shall be held unconstitutional except by a majority of the total number of Justices of which the Court is composed in accordance with this Constitution or with law.

Section 5. The Supreme Court, any of its divisions, or any of its Justices may hear in the first instance petitions for habeas corpus and any other causes and proceedings as determined by law.

Section 6. The Supreme Court shall adopt for the courts rules of evidence and of civil and criminal procedure which shall not abridge, enlarge or modify the substantive rights of the parties. The rules thus adopted shall be submitted to the Legislative Assembly at the beginning of its next regular session and shall not go into effect until sixty days after the close of said session, unless disapproved by the Legislative Assembly, which shall have the power both at said session and subsequently to amend, repeal or supplement any of said rules by a specific law to that effect.

Section 7. The Supreme Court shall adopt rules for the administration of the courts. These rules shall be subject to the laws concerning procurement, personnel, audit and appropriation of funds, and other laws which apply generally to all branches of the government. The Chief Justice shall direct the administration of the courts and shall appoint an administrative director who shall hold office at the will of the Chief Justice.

Section 8. Judges shall be appointed by the Governor with the advice and consent of the Senate. Justices of the Supreme Court shall not assume office until after confirmation by the Senate and shall hold their offices during good behavior. The terms of office of the other judges shall be fixed by law and shall not be less than that fixed for the terms of office of a judge of the same or equivalent category existing when this Constitution takes effect. The other officials and employees of the courts shall be appointed in the manner provided by law.

Section 9. No person shall be appointed a Justice of the Supreme Court unless he is a citizen of the United States (and of Guyana), shall have been admitted to the practice of law in in USA or Guyana at least ten years prior to his/her appointment, and shall have resided in Guyana at least one year. (immediately prior thereto.)

Section 10. The Legislative Assembly shall establish a retirement system for judges. Retirement shall be compulsory at the age of seventy-five years.

Section 11. Justices of the Supreme Court may be removed for the causes and pursuant to the procedure established in Section 21 of Article III of this Constitution. Judges of the other courts may be removed by the Supreme Court for the causes and pursuant to the procedure provided by law.

Section 12. No judge shall make a direct or indirect financial contribution to any political organization or party, or hold any executive office therein, or participate in a political campaign of any kind, or be a candidate for an elective public office unless he has resigned his judicial office at least six months Prior to his nomination.

Section 13. In the event that a court or any of its divisions or sections is changed or abolished by law, the person holding a post of judge therein shall continue to hold it during the rest of the term for which he was appointed and shall perform the judicial functions assigned to him by the Chief Justice of the Supreme Court.

ARTICLE V
GENERAL PROVISIONS

Section 1. The Legislative Assembly shall have the power to create, abolish, consolidate and reorganize municipalities; to change their territorial limits; to determine their organization and functions; and to authorize them to develop programs for the general welfare and to create any agencies necessary for that purpose.

No law abolishing or consolidating municipalities shall take effect until ratified in a referendum by a majority of the qualified electors voting in said referendum in each of the municipalities to be abolished or consolidated. The referendum shall be conducted in the manner determined by law, which shall include the applicable procedures of the election laws in effect when the referendum law is approved.

Section 2. The power of the Commonwealth of American Guyana to impose and collect taxes and to authorize their imposition and collection by municipalities shall be exercised as determined by the Legislative Assembly and shall never be surrendered or suspended. The power of the Commonwealth of American Guyana to contract and to authorize the contracting of debts shall be exercised as determined by the Legislative Assembly, but no direct obligations of the Commonwealth for money borrowed directly by the Commonwealth evidenced by bonds or notes for the payment of which the full faith credit and taxing power of the Commonwealth shall be pledged shall be issued by the Commonwealth if the total of (i) the amount of principal of and interest on such bonds and notes, together with the amount of principal of and interest on all such bonds and notes theretofore issued by the Commonwealth and then outstanding, payable in any fiscal year and (ii) any amounts paid by the Commonwealth in the fiscal year next preceding the then current fiscal year for principal or interest on account of any outstanding obligations evidenced by bonds or notes guaranteed by the Commonwealth, shall exceed 15% of the average of the total amount of the annual revenues raised under the provisions of Commonwealth legislation and covered into the Treasury of American Guyana in the two fiscal years next preceding the then current fiscal year; and no such bonds or notes issued by the Commonwealth for any purpose other than housing facilities shall mature later than 30 years from their date and no bonds or notes issued for housing facilities shall mature later than 40 years from their date; and the Commonwealth shall not guarantee any obligations evidenced by bonds or notes if the total of the amount payable in any fiscal year on account of principal of and interest on all the direct obligations referred to above theretofore issued by the Commonwealth and then outstanding and the amounts referred to in item (ii) above shall exceed 15 percent of the average of the total amount of such annual revenues.

The Legislative Assembly shall fix limitations for the issuance of direct obligations by any of the municipalities of American Guyana for money borrowed directly by such municipality evidenced by bonds or notes for the payment of which the full faith, credit and taxing power of such municipality shall be pledged; provided, however, that no such bonds or notes shall be issued by any municipality in an amount which, together with the amount of all such bonds and notes theretofore issued by such municipality and then outstanding, shall exceed the percentage determined by the Legislative Assembly, which shall be not less than five per centum (5%) nor more than ten per centum (10%) of the aggregate tax valuation of the property within such municipality.

The Secretary of the Treasury may be required to apply the available revenues including surplus to the payment of interest on the public debt and the amortization thereof in any case provided for by Section 8 of this Article VI at the suit of any holder of bonds or notes issued in evidence thereof.

Section 3. The rule of taxation in American Guyana shall be uniform.

Section 4. General elections shall be held every four years on the first Tuesday of November. In said elections there shall be elected a Governor, the members of the Legislative Assembly, and the other officials whose election on that date is provided for by law.

Every person over eighteen years of age shall be entitled to vote if he/she fulfills the other conditions determined by law. No person shall be deprived of the right to vote because he/she does not know how to read or write or does not own property. All matters concerning the electoral process, registration of voters, political parties and candidates shall be determined by law.

Every popularly elected official shall be elected by direct vote and any candidate who receives more votes than any other candidate for the same office shall be declared elected.

Section 5. The laws shall be promulgated in accordance with the procedure prescribed by law and shall specify the terms under which they shall take effect.

Section 6. If at the end of any fiscal year the appropriations necessary for the ordinary operating expenses of the Government and for the payment of interest on and amortization of the public debt for the ensuing fiscal year shall not have been made, the several sums appropriated in the last appropriation acts for the objects and purposes therein specified, so far as the same may be applicable, shall continue in effect item by item, and the Governor shall authorize the payments necessary for such purposes until corresponding appropriations are made.

Section 7. The appropriations made for any fiscal year shall not exceed the total revenues, including available surplus, estimated for said fiscal year unless the imposition of taxes sufficient to cover said appropriations is provided by law.

Section 8. In case the available revenues including surplus for any fiscal year are insufficient to meet the appropriations made for that year, interest on the public debt and amortization thereof shall first be paid, and other disbursements shall thereafter be made in accordance with the order of priorities established by law.

Section 9. Public property and funds shall only be disposed of for public purposes, for the support and operation of state institutions, and pursuant to law.

Section 10· No law shall give extra compensation to any public officer, employee, agent or contractor after services shall have been rendered or contract made. No law shall extend the term of any public officer or diminish his salary or emoluments after his election or appointment. No person shall draw a salary for more than one office or position in the government of American Guyana.

Section 11. The salaries of the Governor, the Secretaries, the members of the Legislative Assembly, the Controller and Judges shall be fixed by a special law and, except for the salaries of the members of the Legislative Assembly, shall not be decreased during the terms for which they are elected or appointed. The salaries of the Governor and the Controller shall not be increased during said terms. No increase in the salaries of the members of the Legislative Assembly shall take effect until the expiration of the term of the Legislative Assembly during which it is enacted. Any reduction of the salaries of the members of the Legislative Assembly shall be effective only during the term of the Legislative Assembly which approves it.

Section 12. The Governor shall occupy and use, free of rent, the buildings and properties belonging to the Commonwealth which have been or shall hereafter be used and occupied by him as chief executive.

Section 13. The procedure for granting franchises, rights, privileges and concessions of a public or quasi-public nature shall be determined by law, but every concession of this kind to a person or private entity must be approved by the Governor or by the executive official whom he/she designates. Every franchise, right, privilege or concession of a public or quasi-public nature shall be subject to amendment, alteration or repeal as determined by law.

Section 14. No corporation shall be authorized to conduct the business of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purposes for which it was created, and every corporation authorized to engage in agriculture shall by its charter be restricted to the ownership and control of not to exceed five hundred acres of land; and this provision shall be held to prevent any member of a corporation engaged in agriculture from being in any wise interested in any other corporation engaged in agriculture.

Corporations not organized in Guyana, but doing business in American Guyana, shall be bound by the provisions of this section so far as they are applicable.

Section 15. The Legislative Assembly shall determine all matters concerning the flag, the seal and the anthem of the Commonwealth of American Guyana. Once determined, no law changing them shall take effect until one year after the general election next following the date of enactment of said law.

Section 16. All public officials and employees of the Commonwealth, its agencies, instrumentalities and political subdivisions, before entering upon their respective duties, shall take an oath to support the Constitution of the United States and the Constitution and laws of the Commonwealth of American Guyana.

Section 17. In case of invasion, rebellion, epidemic or any other event giving rise to a state of emergency, the Governor may call the Legislative Assembly to meet in a place other than the Capitol of Georgetown, subject to the approval or disapproval of the Legislative Assembly. Under the same conditions, the Governor may, during the period of emergency, order the government, its agencies and instrumentalities to be moved temporarily to a place other than the seat of the government.

Section 18. All criminal actions in the courts of the Commonwealth shall be conducted in the name and by the authority of “The People of Guyana” until otherwise provided by law.

Section 19. It shall be the public policy of the Commonwealth of American Guyana to conserve, develop and use its natural resources in the most effective manner possible for the general welfare of the community; to conserve and maintain buildings and places declared by the Legislative Assembly to be of historic or artistic value; to regulate its penal institutions in a manner that effectively achieves their purposes and to provide, within the limits of available resources, for adequate treatment of delinquents in order to make possible their moral and social rehabilitation.

ARTICLE XI
TRANSITORY PROVISIONS

Section 1. When this Constitution goes into effect all laws not inconsistent therewith shall continue in full force until amended or repealed, or until they expire by their own terms.

Unless otherwise provided by this Constitution, civil and criminal liabilities, rights, franchises, concessions, privileges, claims, actions, causes of action, contracts, and civil criminal and administrative proceedings shall continue unaffected, notwithstanding the taking effect of this Constitution.

Section 2. All officers who are in office by election or appointment on the date this Constitution takes effect shall continue to hold their offices and to perform the functions thereof in a manner not inconsistent with this Constitution, unless the functions of their offices, are abolished or until their successors are selected and qualify in accordance with this Constitution and laws enacted pursuant thereto.

Section 3. Notwithstanding the age limit fixed by this Constitution for compulsory retirement, all the judges of the courts of American Guyana who are holding office on the date this Constitution takes effect shall continue to hold their judicial offices until the expiration of the terms for which they were appointed, and in the case of Justices of the Supreme Court during good behavior.

Section 4. The Commonwealth of American Guyana shall be the successor of the Cooperative Republic of Guyana for all purposes, including without limitation the collection and payments of debts and liabilities in accordance with their terms.

Section 5. When this Constitution goes into effect, the term “citizen of the Commonwealth of American Guyana” shall replace the term “citizen of the Cooperative Republic of Guyana” as previously used.

Section 6. Political parties shall continue to enjoy all rights recognized by the election law, provided that on the effective date of this Constitution they fulfill the minimum requirements for the registration of new parties contained in said law. Five years after this Constitution shall have taken effect the Legislative Assembly may change these requirements, but any law increasing them shall not go into effect until after the general election next following its enactment.

Section 7. The Legislative Assembly may enact the laws necessary to supplement and make effective these transitory provisions in order to assure the functioning of the government until the officers provided for by this Constitution are elected or appointed and qualify, and until this Constitution takes effect in all respects.

Section 8. The first election under the provisions of this Constitution shall be held on the date provided by law, but not later than six months after the effective date of this Constitution. The second general election under this Constitution shall be held on the first Tuesday in the month of November on a date provided by law.

Section 9. This Constitution shall take effect when the Governor so proclaims, but not later than sixty days after its ratification by the Congress of the United States.

Done in Convention, at Georgetown, Guyana

on the day of MONTH , in the year of

Our Lord two thousand and .