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The Constitution of the Republic of Belarus ((ベラルーシ語:Канстытуцыя Рэспублікі Беларусь), (ロシア語:Конституция Республики Беларусь)) is the ultimate law of Belarus.〔In Section 1, Article 7 (of the Constitution ), all laws that conflict with the Constitution are null and void. This means the Constitution claims to be the supreme law of the land.〕 Adopted in 1994, three years after the country declared its independence from the Soviet Union, this formal document establishes the framework of the Belarusian state and government and enumerates the rights and freedoms of its citizens. The Constitution was drafted by the Supreme Soviet of Belarus, the former legislative body of the country, and was improved upon by citizens and legal experts. The contents of the Constitution include the preamble, nine sections, and 146 articles.〔BelTA. (March 15 - Day of Constitution (of the) Republic of Belarus ). Published March 13, 2007. Retrieved July 11, 2007. 〕 The structure and substance of the Constitution were heavily influenced by constitutions of Western powers and by Belarus' experiences during the Soviet era. While much of the Constitution establishes the government's functions and powers, an entire section details rights and freedoms granted to citizens and residents. The Constitution has been amended twice since the original adoption, in 1996 and in 2004. Two referendums that were disputed by independent observers and government opposition leaders increased the power of the presidency over the government and eliminated the term limits for the presidency. == History == Belarus adopted its first constitution in 1919 when the country was a Soviet Republic (USSR).〔House of Representatives of the Republic of Belarus (History of Constitutionalism in Belarus ). Retrieved March 25, 2007. 〕 Belarus continued to use this constitution until it – along with Russia, Ukraine, and the Transcaucasus – signed a treaty to form the Soviet Union.〔British Broadcasting Corporation (Timeline of the Soviet Union ). Published March 2006. Retrieved June 5, 2007.〕 Now the Byelorussian Soviet Socialist Republic (Byelorussian SSR), the country adopted its first Soviet-era constitution in 1927, complementing the recently adopted Soviet Constitution.〔 After a re-adoption in 1937, the Byelorussian SSR adopted its last Soviet-era constitution in 1978,〔 mainly to reflect changes made in the 1977 Soviet Constitution.〔Kremlin.ru (The Constitutional Process in Russia ). Retrieved June 5, 2007.〕 When Belarus became independent from the Soviet Union in 1991, the Supreme Soviet of Belarus passed the Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic, proclaiming Byelorussian SSR acts legal priority over USSR ones (per article 7 of the Declaration, but this provision was inserted into 1978 Constitution only in August 1991) and formally starting a constitutional process in Republic.〔〔per article 12 of the (Declaration ), its provisions shall be "implemented by the Supreme Soviet of the Byelorussian SSR through the adoption the new Constitution (Fundamental Law) of the Byelorussian SSR, the Byelorussian SSR laws", a similar clause also existed in other declarations, such as Russian (art. 15: "This Declaration shall be basis for the development of the new Constitution of the RSFSR, the conclusion of the Union Treaty, and improvement of the national legislation") and Ukrainian ("The Declaration shall be the basis for a new constitution and the laws of Ukraine, as well as determine the positions of the Republic regarding conclusion of international agreements. The principles of the Declaration of Sovereignty shall be used to sign the Union Treaty") ones.〕 Soon afterwards, the government established a Constitution Commission to facilitate the adoption of a post-Soviet constitution. In November 1991, the commission sent the first of three drafts to the Supreme Soviet. Upon approval from the Supreme Soviet, the first draft was published in December 1991 in order for the Belarusian populace to make comments and suggestions. The commission submitted the third and final draft to the Supreme Soviet, where it was signed on March 15, 1994 by the Speaker of the Supreme Soviet and Head of State, Myechyslaw Hryb. The gazette ''Zvezda'' officially published the Constitution fifteen days later.〔Belconstitution.narod.ru (Constitution of 1994 ). Retrieved March 25, 2007. 〕 The Supreme Soviet passed a second law along with the Constitution, titled the Enactment Law, rendering the 1978 Byelorussian SSR Constitution and the Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic void, with a few exceptions. The law, passed during the thirteenth session of the Supreme Soviet, also provided transitional phases for office holders and government organs to form within two years.〔Republic of Belarus (Enactment Law ). Passed March 15, 1994. Retrieved July 10, 2007.〕 Every year since 1994, March 15 has been commemorated in Belarus as Constitution Day, a national holiday.〔Embassy of the Republic of Belarus to Mexico and the United States (National Holidays ). Retrieved March 25, 2007.〕 The Constitution introduces separation of powers. According to Belarusian law, each office is separate but must work together to serve the people.〔 The Constitution also makes Belarus a presidential democracy, significantly reducing the role of the prime minister.〔Library of Congress Country Studies (Belarus - Prelude to Independence ). Library of Congress. Retrieved March 21, 2007.〕 Of the fifteen former Soviet republics, Belarus was the one of latest to create and pass a new constitution subsequent to the dissolution of the USSR. A delay occurred due to debates among Supreme Soviet deputies, who were also trying to stave off the opposition and democratic forces who wanted to close the Supreme Soviet down for good.〔Virtual Guide to Belarus. (Belarus Politics ). Retrieved July 11, 2007.〕 A power struggle to determine the relationship between the new executive branch and the legislature caused much of the debate in 1992 and 1993.〔 The former chairman of the Supreme Soviet, Stanislau Shushkevich, criticized the early drafts due to the amount of power granted to the president. The opposition Belarusian Popular Front criticized the final drafts due to the lack of balance between the two parties and for allowing Vyachaslau Kebich to run for presidential elections in June of that year despite serving in the same role with the SSR.〔 When drafting the Belarus Constitution, the Supreme Soviet deputies were influenced by the constitutions of various countries, including Austria, Belgium, Denmark, France, Germany, Italy, Sweden, and the United States. Internally, the Constitution was influenced by the period of Soviet domination and a desire to bring back traditions brushed aside by the Soviet Government.〔Belarus Telegraphy Agency. (Belarus Constitution Day celebrated today ). Published March 15, 2007. Retrieved March 28, 2007.〕 The structure of the Constitution is similar to the Russian Federation: for example, the office of the President has powers analogous to those granted to the President of Russia.〔 Overall, the Constitution sought to preserve the statehood of Belarus from pro-Russian unity movements, provide a strong head of state that could cure the ailments Belarus would endure in the post-Soviet era, and lay out a compromise between the political factions in Belarus.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Constitution of Belarus」の詳細全文を読む スポンサード リンク
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