Exercise of Legislative Power

Exercise of Legislative Power

- Constitution of Haiti

Exercise of Legislative Power

Section D
Exercise of Legislative Power
Article 104:

A session of the Legislature dates from the opening of the two (2) Houses meeting as the National Assembly.

Article 105:

In the interval between regular sessions and in emergencies, the President of the Republic may call a special session of the Legislature.

Article 106:

The Chief of the Executive Branch reports on that measure by a message.

Article 107:

In the event the Legislature is convened in special session, it may not decide on any matter other than that for which it was called.

Article 107-1:

However, any Senator or Deputy may introduce a matter of general interest in an Assembly of which he is a member.

Article 108:

Each House checks and validates the credentials of its members and is the final judge of any disputes that may arise in this regard.

Article 109:

The members of each House shall take the following oath:

"I swear to discharge my duties, to maintain and safeguard the rights of the people, and to be faithful to the Constitution".

Article 110:

Meetings of the two (2) Houses are public. Each House may meet in closed session at the request of five (5) members, and the decision to resume public meetings shall then be taken by a majority vote.

Article 111:

The Legislature takes the laws on all matters of public interest.

Article 111-1:

Laws may be initiated by each of the two (2) Houses as well as by the Executive Branch.

Article 111-2:

However, only the Executive Branch may initiate budget laws, laws concerning the assessment, percentage and manner of collecting taxes and contributions, and laws designed to generate revenues or to increase revenues and expenditures of the Government, Bills introduced on these matters must be voted on first by the House of Deputies.

Article 111-3:

In the event of disagreement between the two (2) Houses regarding the laws mentioned in the preceding paragraph, each House shall appoint, by voting on a list of an equal number of members, a parliamentary committee that will make a final decision on the disagreement.

Article 111-4:

If a disagreement occurs with regard to any other law, a decision on it will be postponed until the following session. If, at that session, and even in the case of replacement of the Houses no agreement is reached on the law when it is introduced again, each House shall appoint, by taking a vote on a list of an equal number of members, a parliamentary committee to decide on the final text that will be submitted to the two (2) Assemblies, beginning with the one that originally voted on the law. If these additional deliberations produce no result, the Bill or proposed law will be withdrawn.

Article 111-5:

In the event of disagreement between the Legislature and the Executive Branch, the disagreement shall, at the request of one of the parties, be referred to the Conciliation Committee provided for in article 206 below.

Article 111-6:

If the Committee fails to reach a decision it shall draw up a report of nonconciliation, which it shall remit to the two (2) high parties and inform the Supreme Court thereof.

Article 111-7:

Within two weeks of receipt of this report, the disagreement shall be referred to the Supreme Court. Sitting as a full court, the Court shall hand down its decision forthwith, setting all other matters aside. Its decision shall be final and is binding on the high parties. If, meanwhile, the high parties reach agreement, the terms of the agreement shall as a matter of course terminate the procedure under way.

Article 111-8:

In no case may the House of Deputies or the Senate be dissolved or adjourned, nor shall the terms of their members be extended.

Article 112:

Each House shall, in accordance with its regulations appoint its staff, establish discipline for them and determine the manner in which they shall perform their duties.

Article 112-1:

Each House may impose on its members for reprehensible conduct, by a two thirds (2/3) majority vote, disciplinary penalties, except for expulsion.

Article 113:

Any member of the Legislature shall be disqualified as a Deputy or Senator, if, during his term, he has received a final sentence by a court of regular law, which renders him ineligible to serve.

Article 114:

Members of the Legislature are inviolable form the day the take oath up to the expiration of their term, subject to the provisions of article 115 below.

Article 114-1:

They may at no time be prosecuted or attacked for the opinions and votes cast by them in the discharge o their duties.

Article 114-2:

No member of the Legislature shall be subject to civil imprisonment during his term of office.

Article 115:

No member of the Legislature may during his term be arrested under ordinary law for a crime, a minor offense or a petty violation, except by authorization of the House of which he is a member, unless he is apprehended in the act of committing an offense punishable by death, personal restraint or penal servitude or the loss of civil rights. In that case, the matter is referred to the House of Deputies or the Senate without delay of the Legislature is in session, and if not, it shall be taken up the next regular or special session.

Article 116:

Neither of the two (2) Houses may sit or take action without the presence of a majority of its members.

Article 117:

All acts of the Legislature must be approved by a majority of the members present, unless otherwise stipulated in this Constitution.

Article 118:

Each House has the right to investigate matters brought before it.

Article 119:

All bills must be voted on article by article.

Article 120:

Each House has the right to amend and to divide articles and amendments proposed. Amendments voted on by one House may be part of a bill only after it has been voted on by the other House in the same forme and in identical terms. No bill shall become a law until it has been voted on in the same form by the two (2) Houses.

Article 120-2:

Any bill may be withdrawn from discussion so long as it has not been finally voted upon.

Article 121:

Any bill passed by the Legislature shall be immediately forwarded to the President of the Republic, who, before promulgation it, has the right to make objections to it in all or in part.

Article 121-1:

In such cases, the President of the Republic send back the bill with his objections to the House where it was originally passed, If the bill is amended by that house, it is sent to the other Houses with the objections.

Article 121-2:

If the bill thus amended is voted on by the second House, it will be sent back to the President of the Republic for promulgation.

Article 121-3:

If the objection are rejected by the House that originally passed the bill, it shall be returned to the other House with the objections.

Article 121-4:

If the second House also votes to reject it, the bill is sent back to the President of the Republic, who must then promulgate it.

Article 121-5:

Rejection of the objection is voted on by either House by the majority stipulated in article 117. In such cases, the votes of each House shall be taken by secret ballot.

Article 121-6:

If in either House the Majority stipulated in the preceding paragraph is not obtained for the rejection, the objections are accepted.

Article 122:

The right of objection must be exercised within eight (8) full days starting with the date of the receipt of the bill by the President of the Republic.

Article 123:

If within the prescribed deadline, the President of the Republic has made expiration, the bill must be promulgated unless the session of the Legislature has ended before exploration of the deadline, in which case, the bill is deferred. At the opening of the following session, the bill thus deferred is sent to the President of the Republic to exercise his right of objection.

Article 124:

A bill rejected by one of the two (2) Houses may not be introduced again in the same session.

Article 125:

Bills and other acts of the Legislature and the National Assembly shall enter into force with their promulgation and their publication in the Official Gazette (Journal Officiel) of the Republic.

Article 125-1:

Bills shall be numbered and included in the printed and numbered bulletin entitled BULLETIN OF LAWS AND ACTS.

Article 126:

The bill is dated on the day of it final adoption by the two (2) Houses.

Article 127:

No one may submit petitions in person to the Legislature.

Article 128:

Only the Legislature Branch has the authority to interpret laws, which it does by passing a law.

Article 129:

Each member of the Legislature receives a monthly stipend from the time he takes oath.

Article 129-1:

Service as a member of the Legislature is incompatible with any other duty remunerated by the State, except that of teacher.

Article 129-2:

Every member of the two (2) Houses has the right to question and interpellate a member of the Government or the entire Government on events and acts of the Administration.

Article 129-3:

As interpellation request must be seconded by five (5) members of the body concerned. it becomes a vote of confidence or of censure when passed by a majority of that body.

Article 129-4:

When the interpellation request ends in a votes of censure on a question concerning a Government program or declaration of general policy, the Prime Minister must submit his Government's resignation to the President of the Republic.

Article 129-5:

The president must accept that resignation and appoint new Primer Minister, pursuant to the provisions of this Constitution.

Article 129-6:

The Legislature may not pass more than one vote of censure a year on a question concerning a Government program or declaration of general policy.

Article 130:

In the case of the death, resignation, disqualification, judicial interdiction, or acceptance of a duty incompatible with that of a member of the Legislature, the Deputy or Senator shall be replaced in his Electoral District for only the remainder of his term by a by-election called by the Primary Electoral Assembly to be conducted by the Permanent Electoral Council in the month he vacancy occurs.

Article 130-1:

The election shall take place within thirty (30) days after convocation of the Primary Assembly, pursuant to the Constitution.

Article 130-2:

The same procedure shall apply in the absence of an election or in the event that elections are declared null and void by the Permanent Electoral Council in one or more Electoral Districts.

Article 130-3:

However, if the vacancy occurs during the last regular session of the Legislature or after that session, a by-election may not be held.

Constitution of Haiti

Republic of Haiti
Territory
Haitian Nationality
Nature of the Citizenship
Basic Rights
Right to life and Health
Individual Liberty
Freedom of Expression
Freedom of Conscience
Freedom of assembly and Association
Education and Teaching
Freedom to Work
Property
Right to Information
Right to Security
Duties of the Citizen
Aliens
National Sovereignty
Territorial Divisions And Decentralization
Communal Sections
Communes
Arrondissements
Departments
Delegates and Vice Presidents
Interdepartamental Council
Legislative Branch
House of Deputies
Senate
National Assembly
Exercise of Legislative Power
Incompatibilities
Executive Branch
President of the Republic
Duties of the President of the Republic
Government
Powers of The Prime Minister
Ministers and Secretaries of State
Judiciary
High Court of Justice
Independent Institutions
Permanent Electoral Council
Superior Court of Auditors
Conciliation Comission
Protection of Citizens
University Academy Culture
Public Finance
Civil Service
Economics and Agriculture
Environment
Family
Armed Forces and the Police Force
Armed Forces
Police Forces
General Provisions
Amendments to the Constitution
Temporary Provisions
Final Provisions
Constitution of Haiti
Constitution Haiti Exercise Of Legislative Power 2022