Somali Republic The Constitutional Referendum of 20 June 1961 THE CONSTITUTION Introduction:

 Somali Republic

        The Constitutional Referendum of 20 June 1961
THE CONSTITUTION

Introduction:

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On 20 June 1962 it is one of the stages more important in the lives of the Somali Republic' because on this day the Somali people approved the Constitution that entered into force provisionally July 1, 1960, making the final Constitution itself and putting an end to a regime of provisional institutional and constitutional.

From this moment the system of the Somali Republic, for the agreement of the will of the citizens on which rests the Somali people's confidence for the guarantees that, the Constitution offer to all citizens and foreigners without distinction for a chance to operate in Somalia, with honest' of intent, under the protection of the Basic Law of the State.

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The event deserves to be remembered also because ', just less than a year since attaining independence and Union, and Somalia succeeded  organization and accomplishment of the vote.

For this motive the Government intends to give the press a complete collection of all the main acts and regulations issued by the responsible bodies to submit the constitution to a popular referendum.

The collection includes the documents and the relevant provisions revealing events happened the period from 1 July 1960, the date on which the Constitution entered into force provisionally, to 4 July 1961, the day when the Supreme Court validated the results of the referendum.

Great events, or ongoing or anterior, lie beyond the scope of this collection (esulano dall’oggetto della presente raccolta) even if their importance is decisive/vital in the history of Somalia

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The June 26, 1960 was proclaimed the independence of that part of the territory of Somalia that in prior periods represented in British Somaliland Protectorate.

The July 1, 1960 was proclaimed the independence of the territory under trusteeship:

in the same day the two parts of Somalia have united to form the Somali Republic.

Any discussion of these events should start from very far away and, at least, go back a day in which- to vote Nations Unite- Italy took over the trusteeship of the most 'extended Somalia, ending the colonial domination and beginning with the Somali people to a collaboration that has established as the prerequisites for achieving independence and constitute/form one of the best examples of cooperation between peoples: their examination would welcome in a discussion very wide, and it is one of the primary tasks left for the historians.

One of the first acts of the Somali Republic was the promulgation of the Constitution, made 1 July 1960 by the President as an interim President of the Republic.

The preparatory acts of the Constitution, indeed, had started long before, with the participation of political and religious leaders and eminent jurists.

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31 december 1958 was the beginning of its work by a technical committee which will have concluded 19 May 1959 with the presentation of a first draft.

Following this, the draft was passed for examination before a political committee and then the Constituent Assembly, which has approved it at its meeting of 21 June 1960.

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Through such a' strict scrutiny/study it was formed a set of rules ensuring the most 'extensive guarantees and are open to more' profitable developments as appropriate and in accordance with the traditions of the Somali people.

While July 1, 1960 on the land of Africa blew impetuous wind of freedom , Somalia took place among the free nations;

At the same time the Somali Republic placed at the foundation of their lives the Constitution.

PART ONE

The Constitution of the Somali Republic, which entered provisionally into force July 1, 1960, consists of a preamble, a central part consisting of 105 articles and several transitional and final provisions.

The preamble is an introduction to the actual text, drawn up in a particularly solemn form.

The 105 articles that follow the preamble are grouped into five parts of which the first is dedicated to the general principles, the second to the fundamental rights and duties of citizens, the third to the fundamental rights and duties of man, the fourth, the organization of state and the fifth to constitutional guarantees.

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Among the general principles is placed the declaration of a republican state: the first article declares that Somalia is a representative, democratic, republic and unitary, sovereignty 'belongs to the people who exercise it in the manner determined by the Constitution and by the laws .

In the part dedicated to fundamental rights and duties of citizens is recognized that all citizens are entitled to vote, adding that the vote is personal, equal, free and secret.

Articles dedicated to the rights and fundamental duties of man refer largely to the fundamental statement of Human Rights adopted by the General Assembly of the United Nations on December 10, 1948.

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The State, according to Part Four, is headed by the President of the Republic who represents and is elected by the National Assembly.

The National Assembly exercises the legislative function and is elected by universal suffrage, free, direct and secret.

The Government exercises the executive and the judiciary the judiciary.

Part Five lays down rules aimed at allowing a control  on constitutionality 'of legislative acts (un sindacato sulla costituzionalita’ degli atti legislativi), to regulate (a regolare) criminal matters relating to persons of the President and members of the Government, and to regulate any revision or addition to the constitutional requirements;

Review is still excluded if directed to change the republican and democratic form of the state or to restrict rights and fundamental freedoms of the citizen's and human being.

The transitional provisions are aimed at regulating certain end situations of the period of initial application of the constitution: they-although are now quite outdated- assume importance for the constitutional referendum.

Since 'the subject of the referendum is the provisional Constitution entered into force 1 July 1960, a text will be reproduced.

And will consist of: