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117-413: The State of New York has held nine Constitutional Conventions : in 1776–1777, 1801, 1821, 1846, 1867–1868, 1894, 1915, 1938, and 1967; a Constitutional Commission in 1872–1873; and a Judicial Convention in 1921. Despite this, the state has had only four essentially de novo constitutions in its history, those of 1777 (replacing the former colonial charter), 1821, 1846, and 1894. During the 20th century,

234-531: A Council of Appointment . Governor John Jay sent a special message to the lower chamber ( New York State Assembly ) on February 26, 1801, and the same message to the upper chamber ( New York State Senate ) on the following day, in relation to the Council of Appointment, reciting the differences which had existed between Council and Governor, not only during his own term, but during the term of his predecessor, Governor George Clinton . Governor Jay claimed that under

351-675: A National Constituent Assembly ( Assemblée nationale constituante ) was formed when representatives assembled at the only location available – a tennis court – and swore the Tennis Court Oath on June 20, 1789, promising that they would not adjourn until they had drafted a new constitution for France. Louis XVI recognized the validity of the National Constituent Assembly on June 27, 1789. See also 1848 French Constituent Assembly election . Parlamentarischer Rat (Parliamentary Council) (1948) – Drafted

468-434: A constitution . Members of a constituent assembly may be elected by popular vote , drawn by sortition , appointed, or some combination of these methods. Assemblies are typically considered distinct from a regular legislature , although members of the legislature may compose a significant number or all of its members. As the fundamental document constituting a state, a constitution cannot normally be modified or amended by

585-608: A "future" constitution of Israel, as well as "regular" statutory legislation. Pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction . A pardon may be granted before or after conviction for the crime , depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting

702-578: A Constituent Congress was formed with the participation of the States and it enacted the 1824 Constitution . Many disputes aroused between federalists and centralists, which resulted in political instability and in 1836 the Siete Leyes (Seven Laws) were enacted. The Siete Leyes dissolved the federation and created a unitary republic, but that ended in 1846 when the Constitutive and Reforms Act

819-540: A Convention" for the purpose of considering the question of the interpretation of §23 of the Constitution, and also that part of the Constitution relating to the number of members of both Senate and Assembly. The Senate was originally composed of twenty-four members, and the Assembly of seventy members, and provision was made for an increase in each chamber at stated periods, until the maximum should be reached, which

936-423: A constitution is unilaterally imposed by a sovereign lawmaker, the constituent assembly creates a constitution through "internally imposed" actions, in that members of the constituent assembly are themselves citizens, but not necessarily the political leaders, of the country for which they are creating a constitution. As described by Columbia University Social Sciences Professor Jon Elster : "Constitutions arise in

1053-552: A contiguous territory and be "as compact in form as practicable". Emergency powers are described in Section 25. The legislature is granted the power to enact measures allowing the continuity of government, and "provide for prompt and temporary succession" of public offices if they were to become unavailable in the event of an emergency caused by "enemy attack or by disasters (natural or otherwise)". The final paragraph states: "Nothing in this article shall be construed to limit in any way

1170-636: A crime of terrorism. The 1954 Constitution of China made provision for amnesties and pardons, both of which were to be powers of the Standing Committee of the National People's Congress . The amnesty or pardon would then be issued by the president. Chairman Mao Zedong and President Liu Shaoqi released the first-time pardon in 1959. The later three constitutions promulgated in 1975, 1978, and 1982 all removed provision amnesty and only kept pardons. In China, pardons are decided by

1287-507: A criminal conviction, such as the ability to contract with the federal government, or eligibility for Canadian citizenship . If an individual in receipt of a pardon is convicted of a new offence, the information may lead to a reactivation of the criminal record for which the pardon was received in CPIC. A pardon does not guarantee entry or visa privileges to another country. Before travelling to another country, individuals must still contact

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1404-506: A criminal offense in Canada, or of an offense under a federal act or regulation of Canada, or if they were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act . Non-Canadian citizens are not eligible for a Canadian pardon unless they were convicted of a crime in Canada. To be eligible for

1521-410: A jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone who is seen as wrongly convicted. Pardons can also be a source of controversy. In extreme cases, some pardons may be seen as acts of corruption by officials in the form of granting effective immunity as political favors. In Australia,

1638-537: A minority which was defeated by 86 votes for this compromise. Previously, both motions, to vest the right of nomination either exclusively in the governor or exclusively in the Council members, were defeated. The changes in this version of the Constitution were: In 1821, the power struggle between Governor DeWitt Clinton and the Bucktails faction of the Democratic-Republican Party led to

1755-401: A new constitution and passed it unanimously with 25 votes and no abstentions. On 20 October 2012 the parliament put the bill to a national referendum, in which 67% of the voters supported the bill. Further, 67% of the voters supported equal voting rights (one person, one vote) and 83% supported national ownership of natural resources, two key provisions of the bill. Parliament has failed to ratify

1872-470: A new constitution for Sri Lanka . Constituent Assembly of Turkey was established in 1961 after the 1960 Turkish coup d'état to prepare a democratic constitution . The constitution was prepared and approved by the voters in a referendum of 1961. The U.S. Constitutional Convention drafted the still-current United States Constitution in 1787. Its delegates were appointed by the states, not directly elected, and not all states sent delegates; moreover,

1989-515: A number of different ways. At the non-democratic extreme of the spectrum , we may imagine a sovereign lawgiver laying down the constitution for all later generations. At the democratic extreme , we may imagine a constituent assembly elected by universal suffrage for the sole task of writing a new constitution. And there are all sorts of intermediate arrangements." Australia held four constitutional conventions, one each in 1891, 1897, 1973, and 1998 . The Constituent Assembly of Bangladesh

2106-413: A pardon is absolute or this power of pardon shall be exercised by the president on the advice of the Council of Ministers. The pardoning power of the president is not absolute. It is governed by the advice of the Council of Ministers. This has not been discussed by the constitution but is the practical truth. Further, the constitution does not provide for any mechanism to question the legality of decisions of

2223-400: A pardon may implicitly constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in

2340-418: A pardon or record suspension, individuals must have completed all of their sentences and a waiting period . Individuals are considered to have completed all of their sentences if they have: Prior to 2012, following completion of all of their sentences, individuals must have completed a waiting period, as follows: Effective 13 March 2012, the eligibility criteria and waiting periods changed: Applicants for

2457-531: A record suspension must be able to show that they have completed their sentences in full and provide proof of payment. Individuals can apply for a pardon by filling out the application forms available from the Parole Board and by paying a $ 50 pardon/record suspension application fee. In Canada, clemency is granted by the governor general of Canada or the Governor in Council (the federal cabinet) under

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2574-556: A resident at least 30 days before the date of an election. Any form of bribery or compensation to compel the giving or withholding of a vote is not allowed. The article also establishes the general operation of absentee ballots, voter registration, and elections. Article III establishes the powers and limitations of the bicameral New York State Legislature , which consists of a Senate containing 50 members initially, and an Assembly containing 150 members. Except for Senators elected in 1895 who served three-year terms, every legislative member

2691-695: A situation that led to the dissolution of Congress by Iturbide on October 31, 1822, without a formal Constitution being enacted. After the dissolution of Congress, Iturbide created the National Instituent Junta , which enacted the Provisional Political Bylaws of the Mexican Empire on December 18, 1822. The dissolution of Congress had resulted in an armed revolution under the Plan de Casa Mata , which called for

2808-947: A small majority, with 247,240 for and 240,442 against it. William A. Wheeler presided. Waldo Hutchins , William M. Evarts , George Opdyke , George William Curtis , Horace Greeley , Ira Harris , Martin I. Townsend , Charles Andrews , Charles J. Folger , Augustus Frank , Augustus Schell , Henry C. Murphy , Homer A. Nelson , David L. Seymour , George F. Comstock , John Magee , Sanford E. Church , Marshall B. Champlain , Teunis G. Bergen , William D. Veeder , John G. Schumaker , Stephen J. Colahan , Elbridge T. Gerry , Gideon J. Tucker , Samuel J. Tilden , Edwards Pierrepont , James Brooks , William Hitchman , Abraham B. Tappen , B. Platt Carpenter , Erastus Corning , Amasa J. Parker , Marius Schoonmaker , Edwin A. Merritt , Leslie W. Russell , Thomas G. Alvord , Horatio Ballard , Hobart Krum , Ezra Graves , Elbridge G. Lapham , Frank Hiscock , Seth Wakeman , and Israel T. Hatch were among

2925-581: Is a different concept and procedure from that described above, although the phrase "presidential amnesty" ( amnistie présidentielle ) is sometimes pejoratively applied to some acts of parliament traditionally voted upon after a presidential election, granting amnesty for minor crimes. Similar to the United States, the right to grant pardon in Germany is divided between the federal and the state level. Federal jurisdiction in matters of criminal law

3042-468: Is a prerogative of the president which is directly inherited from that of the kings of France. The convicted person sends a request for pardon to the president of the republic. The prosecutor of the court that pronounced the verdict reports on the case, and the case goes to the Ministry of Justice 's directorate of criminal affairs and pardons for further consideration. If granted, the decree of pardon

3159-411: Is elected to two-year terms. The current number of Senators is set by State Law §123, and the number of Senate districts is set at 63 by State Law §124; currently, there are 63 Senate seats. The legislative process, such as the passage of bills, is also described in this article. The article includes rules and processes for drawing legislative districts and making apportionments. The United States Census

3276-642: Is granted 12 months to draft a new constitution, which has to be ratified by referendum once written, with compulsory voting . Immediately after the 1948 Costa Rican Civil War that overthrew the Rafael Angel Calderón Government, the leaders of the victorious side called for the election of a Constituent Assembly in the same year. The Assembly successfully drafted and approved the current Costa Rican Constitution. The Danish Constituent Assembly ( Danish : Den Grundlovgivende Rigsforsamling ; lit. The Constitution giving Assembly of

3393-503: Is granted by Supreme Decree of the president of the republic . In Chile's presidential regime, the president is the head of state ; in this capacity, the president has the discretionary power to grant particular pardons and is not obliged to seek opinion or approval from other authorities, although, the granting of pardons is limited by the norms of Law No. 18.050 (1981), and its Regulations (Decree No. 1542 of 1981 on particular pardons), which forbid particular pardons for those convicted of

3510-758: Is known as Constitution Day in Denmark. The European Convention (2001) drafted the Constitution for Europe for approval by the European Council and ratification by the member states . This constitution was abandoned after being rejected in French and Dutch referendums , and was replaced by the Treaty of Lisbon in 2007. During the French Revolution (from July 1789 to September 1791)

3627-434: Is mostly restricted to appeals against decisions of state courts. Only "political" crimes like treason or terrorism are tried on behalf of the federal government by the highest state courts. Accordingly, the category of persons eligible for a federal pardon is rather narrow. The right to grant a federal pardon lies in the office of the president of Germany , but the president can transfer this power to other persons, such as

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3744-539: Is regulated in the Criminal Code (article 93, Nº 4º), which deals with the extinction of criminal liability. A pardon "only grants the remission or the commutation of the sentence; it does not remove the condition of having been condemned". The pardon may be either general, when it is granted to all those covered by a specific law passed by qualified quorum in National Congress , or particular, when it

3861-475: Is signed by the president, the prime minister , the minister of justice , and possibly other ministers involved in the consideration of the case. It is not published in the Journal Officiel . The decree may spare the applicant from serving the balance of his or her sentence, or commute the sentence to a lesser one. It does not suppress the right for the victim of the crime to obtain compensation for

3978-514: Is used to determine the number of inhabitants; if it is not carried out or fails to provide this information, then the state Legislature has the power to enumerate its inhabitants. Whenever districts must be amended, an "independent redistricting commission" composed of ten members (two appointed by the temporary president of the Senate , two appointed by the Speaker of the Assembly , two appointed by

4095-721: The Basic Law of the Federal Republic for ratification by the Länder . This council was not recognized as legitimate by Soviet-occupied East Germany , which drafted its own constitution in 1949 and would not accept the Basic Law until German reunification in 1990. On 27 November 2010, Iceland held an election for a constitutional assembly , with 522 people competing for 25 delegate seats. The assembly, in session for four months from early April until late July 2011, drafted

4212-796: The New York and New Jersey campaign . The work of creating a democratic and free independent state continued by the Convention through the bitter winter with the British quartered in the City of New York and Washington's few thousand troops camped in winter quarters to the southwest in Morristown, New Jersey . The first Constitutional Convention in New York's history terminated its labors at Kingston, New York , on Sunday evening, April 20, 1777, when

4329-841: The Polish-Russian War of 1792 and the Third Partition of Poland . The Philippines has had several conventions: The Russian Constituent Assembly was established in Russia in the wake of the October Revolution of 1917 to form a new constitution after the overthrow of the Russian Provisional Government . The Sri Lankan Parliament approved the creation of a Sri Lanka Constitutional Assembly on March 9, 2016, proposed by Prime Minister Ranil Wickramasinghe . The assembly will draft

4446-622: The United Kingdom , New Zealand and Israel are examples. In these countries there is no need to call constituent assemblies, and no provision to do so, as the legislature can effectively modify the constitution. Although it lacks a written constitution, the United Kingdom has had several conventions at the subnational level including: The constitution of New Zealand consists of a collection of statutes (Acts of Parliament), Treaties, Orders-in-Council, Letters Patent, decisions of

4563-507: The damages it suffered, and does not erase the condemnation from the criminal record . When the death penalty was in force in France, all capital sentences resulted in a presidential review for a possible clemency. Executions were carried out if and only if the president rejected clemency, by signing a document on which it was written: "decides to let justice take its course". The Parliament of France , on occasions, grants amnesty . This

4680-558: The governors of each state under Article 161. The Constitution of India vests sovereign power in the president and governors. The governance in the centre and states is carried out in the name of the president and governor respectively. The president is empowered with the power to pardon under Article 72 of the Indian Constitution, which says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute

4797-482: The interim government of Bangladesh is mulling over convening a new constituent assembly to draft a new inclusive democratic constitution, ensuring the inviolability of human dignity. As of May 2021 Chile is the most recently elected constitutional assembly. The 155 members of this assembly were elected between 15 and 16 May 2021 . The assembly has gender parity (50% females and 50% males) and has 17 seats reserved for people belonging to indigenous peoples. The assembly

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4914-503: The royal prerogative of mercy . Applications are also made to the National Parole Board , as in pardons, but clemency may involve the commutation of a sentence, or the remission of all or part of the sentence, a respite from the sentence (for a medical condition or a relief from a prohibition, e.g., to allow someone to drive who has been prohibited from driving). In Chile , the institution of pardon ( indulto )

5031-451: The 1894 Constitution, from the sixth Convention, which was (and is) still in force. New York's constitution consists of a preamble and 20 articles. It was last amended on January 1, 2018. We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION. Article I establishes the rights and personal freedoms of

5148-594: The 1894 Constitution, the people were to vote on the holding of a seventh Constitutional Convention in 1916. However, the Governor proposed that the Convention be moved up to 1915 so that it would not be overshadowed by other issues. Thus, in April 1914, a referendum approved a Constitutional Convention to be held in 1915. There were 168 delegates to the 1915 Convention. The delegates included: Elihu Root (the President of

5265-503: The 1915 Convention proposed numerous overhauls to the judicial system. The Legislature rejected this article and it was not sent to the voters. However, in 1921, the Legislature authorized a group of thirty people to revise the judiciary article of the 1894 Constitution. However, the proposed article included many proposals from the 1915 Convention, and was again rejected by the Legislature. The Constitution established in 1894 required

5382-599: The Congress enacted the Constitutional Decree for the Liberty of Mexican America ( Decreto Constitucional para la Libertad de la América Mexicana ), known as the Constitution of Apatzingán . The 1814 Constitution entered into force in the territories dominated by the insurgents, but as the war continued and the first insurgent leaders (like Morelos) were defeated, it was largely forgotten. After independence

5499-529: The Constituent Assembly started functioning as India's Parliament. Dr.B. R. Ambedkar drafted the Constitution of India in conjunction with the requisite deliberations and debates in the Constituent Assembly. The Assembly approved the Constitution on November 26, 1949 (celebrated as Constitution Day ), and it took effect on January 26, 1950 — a day now commemorated as Republic Day in India. Once

5616-409: The Constitution the Governor had the exclusive right of nomination, but some members of the Council of Appointment claimed a concurrent right of nomination. This, the Governor denied, and in this message he recommends that it be settled in some way. Since the original Constitution had no provisions as to how to amend it, on April 6, 1801, the legislature passed a law with the title "An Act Recommending

5733-627: The Constitution took effect, the Constituent Assembly became the Provisional Parliament of India. The Constitutional Assembly of Indonesia was established to draw up a permanent constitution. Its membership was elected in November 1955, and it met for the first time in November 1956. After four sessions, it failed to agree on the fundamental basis for the state. It was dissolved in 1959, and the original constitution imposed by presidential decree.(OTP) The Constituent Assembly of Italy

5850-1511: The Convention), Edgar T. Brackett , Jacob Brenner , Alphonso T. Clearwater , Patrick W. Cullinan , Seth Low , Louis Marshall , John Lord O'Brian , Herbert Parsons , Adolph J. Rodenbeck , Jacob Gould Schurman , Henry L. Stimson , George W. Wickersham , Franklin A. Coles , Harry E. Lewis , Meier Steinbrink , Harry Heyman , John F. Ahearn , Abraham Harawitz , Alfred E. Smith , Harry E. Oxford , Morgan J. O'Brien , John B. Stanchfield , James A. Foley , De Lancey Nicoll , William F. Sheehan , Thomas Francis Smith , Thomas Maurice Mulry , John Thomas Dooling , John Godfrey Saxe II , Robert F. Wagner , Courtlandt Nicoll , Frederick C. Tanner , Mark Eisner , William M. K. Olcott , Martin Saxe , J. Sidney Bernstein , Nathan Burkan , Anthony J. Griffin , Louis F. Haffen , Francis W. Martin , George A. Blauvelt , Eugene Lamb Richards , Francis A. Winslow , Frank L. Young , Caleb H. Baumes , Lemuel E. Quigg , William Barnes Jr. , Harold J. Hinman , Victor M. Allen , W. Barlow Dunlap , Louis M. Martin , Ray B. Smith , Israel T. Deyo , George E. Green , Jesse S. Phillips , James Wolcott Wadsworth , Frank M. Jones , Benjamin Rush Rhees , Homer E. A. Dick , Charles B. Sears , Matthias Endres , Frank W. Standart , and James S. Whipple . Proposed changes included: All of

5967-565: The Courts and unwritten constitutional conventions. Because it is not supreme law, the constitution is comparatively easy to reform, requiring only a majority of Members of Parliament to amend it. The constitutional law of Israel is determined by the Knesset which, since 1949, serves as the country's ongoing constituent assembly. The Knesset has the power to create Basic Laws of Israel , laws which are entrenched legislation and will become part of

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6084-511: The Hong Kong Special Administrative Region shall exercise the following powers and functions ... to pardon persons convicted of criminal offences or commute their penalties". Under the Constitution of India (Article 72), the president of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment . A similar and parallel power vests in

6201-645: The Legislature passed "An Act to amend chapter 398, of the Laws of 1892, entitled 'An Act to provide for a convention to revise and amend the Constitution'", calling a Constitutional Convention to meet in 1894. The 175 delegates were elected at the New York state election, 1893 , five in each senatorial district, and 15 at-large. The Convention met on May 8, 1894, at the New York State Capitol in Albany; and adjourned on September 29. The revised Constitution

6318-422: The Legislature. This imbalance of power between the branches of state government kept the elite firmly in control, and disenfranchised the majority of the male New York population. Slavery was legal in New York until 1827. Under this Constitution, the lower chamber Assembly had a provision for a maximum of 70 Members, with the following apportionment: This apportionment stood unchanged until seven years after

6435-546: The National Standing Committee of the People's Congress and issued by the president. On 23 September 2015, President Abdel Fattah el-Sisi issued a pardon freeing 100 activists, including Al Jazeera journalists Mohamed Fahmy and Baher Mohamed . Pardons and acts of clemency ( grâces ) are granted by the president of France , who, ultimately, is the sole judge of the propriety of the measure. It

6552-728: The PBC can issue, grant, deny, and revoke pardons. In 2012, the Parliament of Canada passed the Safe Streets and Communities Act , which changed many elements of the criminal justice system. The Act replaced the term "pardon" with "record suspension", and the pardon system was similarly changed. A pardon keeps the police record of a conviction separate and apart from other criminal records , and gives law-abiding citizens an opportunity to reintegrate into Canadian society. The Royal Canadian Mounted Police removes all information about

6669-693: The Realm ) of 1848 established the Constitution of Denmark in 1849 ( Danish : Danmarks Riges Grundlov ; lit. The Constitutional Act of the Realm of Denmark ) and formalized the transition from absolute monarchy to constitutional monarchy . The assembly consisted of members of which 114 were directly elected in October 1848, 38 were appointed by the king and the rest were government ministers. The constituent assembly met at Christiansborg Palace in Copenhagen and first met on 23 October 1848. The assembly

6786-556: The Senate Minority Leader, two appointed by the Assembly Minority Leader, and two appointed by the eight other appointed members) is created. Drawing of district lines must not violate racial or language minority voting rights. Each district must contain "as nearly as may be an equal number of inhabitants"; if it does not the commission must provide a reason. Additionally, districts must consist of

6903-866: The State Senate, equally divided between the two major political parties. The Commission met from December 4, 1872, to March 15, 1873. They proposed amendments to the Constitution of 1846, which was still in force with amendments which were then approved or rejected by the Legislature, and those approved were then submitted to the voters for ratification. Among the members were: Robert H. Pruyn who presided; George Opdyke , Augustus Schell , John D. Van Buren , Erastus Brooks , Benjamin D. Silliman , George C. Burdett , Francis Kernan , Elias W. Leavenworth , Daniel Pratt , John F. Hubbard Jr. , Barna R. Johnson , Lucius Robinson , George B. Bradley , Van Rensselaer Richmond , Lysander Farrar , Lorenzo Morris and Sherman S. Rogers . Major changes: On January 27, 1893,

7020-496: The State held three constitutional conventions, the efforts of two of which were rejected by the New York State electorate. However, portions of the seventh Convention's proposals of 1915, were adopted separately later in 1925 and 1927. The eighth Constitutional Convention of 1938, unlike all other state constitutional conventions since 1801, did not actually propose an entirely new Constitution, but just substantially modified

7137-419: The authorities of the country in question to find out what the requirements are to enter that country. Processing of pardons by the Parole Board of Canada generally takes six months for a summary offence and twelve months for an indictable offence . If the Parole Board proposes to deny the application, it can take 24 months to process. Individuals can apply for a pardon if they were convicted as an adult of

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7254-501: The bill, however, inviting accusations that the political class is trying to thwart the will of the people by disrespecting the result of the 2012 constitutional referendum. In Ireland , the government elected in March 2011 has committed to establishing constitutional amendments on six specified issues and others it may consider; the government has separately promised amendments on five other issues. The Constituent Assembly of India

7371-557: The bill. The Bucktails did not have a two-thirds majority in the legislature to override the veto. During the regular session (beginning in January 1821), the Legislature passed a new bill that put the question to the people. At the state election in April 1821, the people voted in favor of the convention. The convention met from August to November in Albany . U.S. Vice President Daniel D. Tompkins presided. Between January 15 and 17, 1822,

7488-527: The call for a Constitutional Convention by the Bucktail members of the legislature, against Clinton's fierce opposition. Their intention was to transfer powers from the executive to the legislative branch of the government. In November 1820, the legislature passed a bill which authorized the holding of a convention with unlimited powers. Governor Clinton cast the deciding vote in the Council of Revision to veto

7605-570: The chancellor or the minister of justice. In early 2007, there was a widespread public discussion about the granting of pardons in Germany after convicted Red Army Faction terrorist Christian Klar , who was serving six consecutive sentences of life imprisonment, filed a petition for pardon. President Horst Köhler ultimately denied his request. Following a court decision, Klar was released on parole in December 2008. For all other (and therefore

7722-761: The church and Mexican conservatives, and the Plan de Tacubaya called for its derogation. This events led to the Reform War , which the liberals won, then restoring the 1857 Constitution and adding to it the Reform Laws . After the Porfiriato , and whilst the Mexican Revolution was still being fought, President Venustiano Carranza formed a Constituent Congress, which met in Querétaro and enacted

7839-404: The circumstances of the defendant or offense warrant relief. In addition to the prerogative of mercy, Australia has passed legislation that creates additional avenues to seek a pardon, exoneration, reduced sentence, or conditional release. The Parole Board of Canada (PBC) is the federal agency responsible for making pardon decisions under the Criminal Records Act (CRA). Under the CRA,

7956-407: The controversies and opposition, Sheikh Mujib's uncompromising leadership enabled the Constituent Assembly to draft and enact the Constitution in less than a year. However, from the time of its drafting until today, the constitution has been often labelled as "fascist" and criticized for fostering autocracy and failing to adequately safeguard human rights. In the aftermath of 2024 mass uprising ,

8073-400: The convention had a small Republican majority. The convention met in June at Albany, New York , adjourned on September 23, met again on November 12, and adjourned again in February 1868. Afterwards the draft was discussed in the New York State Legislature for another year and a half, the questions being if to vote for the whole Constitution or separately for some or all articles. In the end,

8190-465: The convention was originally charged with drafting amendments to the Articles of Confederation rather than a new constitution. The US Constitution contains no provision for its own replacement (and because of the presence of entrenched clauses it cannot be revoked through an amendment). Article V of the Constitution does permit Congress to appoint a national constitutional convention to propose amendments but it has never done so. While Congress has

8307-483: The conviction for which an individual received the pardon from the Canadian Police Information Centre (CPIC). Federal agencies cannot give out information about the conviction without approval from the minister of public safety . A pardon does not, however, erase the fact that an individual was convicted of a crime. The criminal record is not erased, but it is kept separate and apart from other (non-pardoned) criminal records. A pardon removes disqualifications caused by

8424-496: The day that the constitution will take effect, which is January 1, 1939. The Fourth New York Provincial Congress , resolving itself as the Convention of Representatives of the State of New York , adopted the first constitution of the state of New York on April 20, 1777. The Province of New York was established after the naval invasion and absorption of the previous Dutch Colony of New Netherlands . The original proprietor

8541-497: The delegates were DeWitt Clinton (future governor), James Clinton , William Floyd , Ezra L'Hommedieu , Smith Thompson , Daniel D. Tompkins , John Vernon Henry , William P. Van Ness , and Vice President of the United States Aaron Burr , who presided. Tompkins was one of the 14 who voted against the right of nomination being given to the members of the Council of Appointments and the Governor concurrently,

8658-414: The delegates. The changes in this version of the constitution were: According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a constitutional convention to be held, which was answered in the affirmative at the New York state election, 1866 with 352,854 votes for, and 256,364 against the convention. On April 23, 1867, the delegates were elected, and

8775-421: The delegates. The changes in this version of the constitution were: After the rejection of all amendments proposed by the Convention of 1867–68, except the judicial article, Governor John T. Hoffman suggested to the Legislature that a non-partisan Constitutional Commission of 32 members should be formed. The Commission had four members from each senatorial district, appointed by the Governor, and confirmed by

8892-696: The delegates. The changes in this version of the constitution were: The delegates convened at Albany on June 1, 1846, and adjourned on October 9. The new Constitution was put before the voters at the next state election in November and was adopted. Yes: 221,528 votes, No: 92,436 votes. John Tracy presided. Ira Harris , George W. Patterson , Ambrose L. Jordan , Charles H. Ruggles , David R. Floyd-Jones , Charles O'Conor , Samuel J. Tilden (future New York Governor and 1876 presidential candidate who won popular vote but lost in electoral college to Rutherford B. Hayes ), Levi S. Chatfield , William B. Wright , Michael Hoffman and William C. Bouck were among

9009-555: The end of the Revolutionary War , in 1790, when the First United States Census was held to correct apportionments. On the subject of enfranchisement , Article VII of the new constitution said: The Constitutional Convention of 1801 was not convened to propose a new Constitution. Instead, it formed purely to resolve differences of interpretation of §23 of the 1777 Constitution, which provided for

9126-674: The establishment of a Federal Republic and for the restoration of the Constituent Congress. Iturbide was forced to abdicate and he reinstalled the Constituent Congress. The Congress then created a provisional government, called the Triumvirate , and enacted the Constituent Act of the Mexican Federation, by which the former Provinces of Mexico were transformed into free and sovereign States. After this,

9243-525: The existing American constitutions, so that the constituent's assembly could draw upon the latest in constitutional design. The powers of these state constituent assemblies were also highly contested, with some claiming that they had unlimited legal power and others claiming that they must operate within the pre-existing legal landscape. In the end, a common law of constituent power emerged which held that elected constituent assemblies had limited powers. Several U.S. states have held multiple conventions over

9360-520: The formation of the Federal Constitution in 1787 as well as after its ratification. Since 1776 nearly 150 state constitutional conventions have met to draft or revise state constitutions. These early state constitutional conventions frequently did not use procedural steps like popular ratification that became commonplace in the mid-19th century. Yet they were considered to be constituent assemblies that exercised their authority as that of

9477-494: The lieutenant governor first in line, and then the temporary president of the Senate. Article V describes the roles of the comptroller and attorney-general as well as the operation of the civil departments , of which there can be at most 20. Article VI describes the judicial branch, including the court systems , the operation of trials, and the conditions for appointing and removing judges and justices. It contains 37 sections, more than any other article. Article XX describes

9594-436: The most often in cases of convicts who had been given the death penalty : from 1965 to 1993 (when the death penalty was formally abolished) death sentences were automatically commuted to life imprisonment under the royal prerogative. Since the transfer, the chief executive of Hong Kong now exercises the power to grant pardons and commute penalties under section 12 of article 48 Basic Law of Hong Kong . "The Chief Executive of

9711-441: The new Constitution was adopted with but one dissenting vote, and then adjourned. The site is now Senate House State Historic Site . The constitution was not submitted to the people for ratification, however because of the war situation. It was drafted by John Jay , Robert R. Livingston , (new Chancellor of the State of New York ), and Gouverneur Morris , who would subsequently help write the U.S. Constitution. This Constitution

9828-579: The new Constitution was rejected by the voters at the New York state election, 1869 , with 223,935 votes for and 290,456 against it. The Republican Party advocated the adoption, the Democrats the rejection of the new proposed Constitution of 1867-68, and by 1869 the Democrats had a majority in the State. Only the "Judicial Article" which re-organized the New York Court of Appeals was adopted by

9945-482: The new constitution, as amended by the convention, was put before the voters for ratification as a whole, and was accepted: for 74,732; against 41,402. There was deep division among New Yorkers over the merits of the amended constitution. Those who opposed it and who did not sign included: Supporters who signed the new constitution included: Peter R. Livingston , Alexander Sheldon , Jacob Radcliff , Peter Sharpe , Rufus King , and Nathaniel Pitcher were also among

10062-525: The newly independent " State of New York " was framed by a Convention which assembled at White Plains, New York , (just north of New York City ) on Sunday evening, July 10, 1776. The city was then threatened with a British occupation by an invading British Army landing on Staten Island . There were repeated adjournments and changes of location, caused by the increasingly desperate war situation, with General George Washington 's ragged Continental Army , forced out of New York City by crushing defeats in

10179-479: The option to submit both its own proposals for amendments and those of a national convention to state conventions rather than the state legislatures for ratification; this process has been used only once (for the Twenty-first Amendment ). A long tradition in the use of constituent assemblies exists at the state level of Constitutionalism . In fact, constituent assemblies met in the states before

10296-548: The pardon power is referred to as the royal prerogative of mercy , an executive power that is vested in the King and may be exercised by the governor-general . The prerogative of mercy is a broad discretionary power that may be exercised by a state governor who is acting on the advice of the state executive council and the state attorney general. Courts in Australia may also exercise their traditional power to exercise mercy when

10413-481: The people, as well as the responsibilities and limitations of the government. Many of the provisions in this article are similar to those in the Constitution of the United States . Some provisions included are freedom of speech , a trial by jury , freedom of worship , habeas corpus , and security against unreasonable search and seizures. Article II describes the rights and requirements involved in voting. All citizens over eighteen are allowed to vote if they have been

10530-458: The people. As American Sovereigns: The People and America's Constitutional Tradition Before the Civil War by Christian G. Fritz notes:. "A legitimate constitution depended on whether the sovereign people authorized it, not whether a particular procedure was used or whether revolutionary conventions were free of other responsibilities, such as passing ordinary legislation. It was the people as

10647-514: The power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force. Similarly, as per article 161, the governor of a state has

10764-491: The power of the state to deal with emergencies arising from any cause". Article IV states that executive branch powers are vested in the governor and lieutenant governor, who are elected jointly to serve four-year terms. The governor can veto legislative bills, is the commander-in-chief of the state's military, can convene the legislature "on extraordinary occasions", and has the power to grant pardons for all offenses except treason and impeachment. The order of succession has

10881-422: The power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. The president can grant a pardon to a person awarded death sentence; however, the governor of a state does not enjoy this power. The question is whether this power to grant

10998-511: The president or governors exercising mercy jurisdiction. Nonetheless, the SC in the Epuru Sudhakar case has given a small window for judicial review of the pardon powers of the president and governors for the purpose of ruling out any arbitrariness. The court has earlier held that court has retained the power of judicial review even on a matter which has been vested by the Constitution solely in

11115-487: The proposals from the seventh Constitutional Convention of 1915 were grouped into five questions, all of which were rejected by the people. However, all was not lost. In 1925, a revised Article 5, containing many proposals from the Fifth Convention of 1915, was submitted to the people/voters and accepted in a referendum/election. In 1927, the budget proposal from the Fifth Convention was also accepted. Originally,

11232-475: The republic (Art. 47, § 1). The president can pardon, commute or remit punishment imposed by any court, on the proposal of the minister of justice and after receiving the opinion (not the consent necessarily) of the Pardon Committee. Prior to the handover of Hong Kong in 1997, the power of pardon was the royal prerogative of mercy of the monarch of the United Kingdom . This was used and cited

11349-524: The sentence of any person convicted of any offence. The meaning of these terms is as follows: The pardoning powers of the Indian president are elucidated in Art 72 of the Indian Constitution. There are five different types of pardoning which are mandated by law. Article 72 reads: (1) The President shall have the power to grant pardons, reprieves, respites or remission of punishment or to suspend remit or commute

11466-407: The sentence of any persons convicted of any offence- (a) in all cases where the punishment or sentence is by a court martial; (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; (c) in all cases where the sentence is a sentence of death. (2) Nothing in sub- clause (a) of clause (1) shall alter

11583-673: The sovereign who authorized drafting those first [state] constitutions that gave them their legitimacy, not whether they used procedures that matched what was later understood to be necessary to create fundamental law." American state constituent assemblies in the 19th and 20th centuries reflected many qualities of a citizen's movement. From the start of state American constitution-making, delegates to constitutional conventions studied earlier state models of constitutions. They often self-consciously "borrow[ed]" constitutional text and provisions from other states. They often used in their drafting and debates compact and pocket-sized compilations of all

11700-475: The state's normal legislative procedures in some jurisdictions; instead a constitutional convention or a constituent assembly, the rules for which are normally laid down in the constitution, must be set up. A constituent assembly is usually set up for its specific purpose, which it carries out in a relatively short time, after which the assembly is dissolved. A constituent assembly is a form of representative democracy . Unlike forms of constitution-making in which

11817-496: The still-current Political Constitution of the United Mexican States of 1917. Nepal had two Constituent assemblies , the last one being elected after its predecessor failed to deliver a constitution, despite multiple extensions. It also served as the country's parliament. Finally Nepal had made constitution with 89% majority. Nepal has adopted Federalism since. The Great Sejm (also known as Four-Year Sejm )

11934-411: The vast majority of) convicts, pardons are in the jurisdiction of the states . In some states it is granted by the respective cabinet, but in most states the state constitution vests the authority in the state prime minister. As on the federal level, the authority may be transferred. Amnesty can be granted only by federal law. The Constitution of Greece grants the power of pardon to the president of

12051-416: The voters to vote on the necessity of a subsequent constitutional convention in 1936. On November 3, 1936, the voters approved the holding of a Convention which was held two years later in 1938. Constituent assembly A constituent assembly (also known as a constitutional convention , constitutional congress , or constitutional assembly ) is a body assembled for the purpose of drafting or revising

12168-588: The years to change their particular state's constitutions . All 50 states have had at least one Constitutional Convention, numbering over 233. 11 were illegal and defeated by arms (Confederacy and Dorr's Rebellion). 12 were illegal and won through arms (Revolutionary War, Republic of Texas, and Vermont Republic). 37 were made in accordance with a Federal enabling law. State legislatures put restrictions on conventions that were not followed in these cases. A few countries do not have an entrenched constitution , which can thus be amended by normal legislative procedures;

12285-478: Was a combination document, containing its own "Declaration of Independence" from Great Britain , and its Constitutional Law . It called for a weak bicameral legislature (Assembly and State Senate) and a strong executive branch with a governor . It retained provisions from the Colonial Charter such as the substantial property qualification for voting and the ability of the Governor to prorogue (dismiss)

12402-621: Was consummated on September 27, 1821, and based on the Plan de Iguala and the Treaty of Córdoba , the Provisional Governing Junta was stablished. The Junta proclaimed the Act of Independence of the Mexican Empire and acted as a de facto legislative assembly until February 24, 1822, when the Constituent Congress was gathered. On May 19, 1822, the Constituent Congress proclaimed Agustín de Iturbide as Emperor. The relations between Emperor and Congress were always problematic,

12519-514: Was dissolved on 31 January 1948, to be replaced by the new Parliament of Italy . The Viceroyalty of New Spain sent deputies to the Cortes of Cadiz , which enacted the 1812 Constitution . By the time this Constitution was enacted, an insurgency fighting for independence from Spain was already established. The first Constituent Congress of independent Mexico, known as the Congress of Anahuac ,

12636-803: Was elected to write the Constitution of India , and served as its first Parliament as an independent nation. It was set up as a result of negotiations between the leaders of the Indian independence movement and members of the British Cabinet Mission . The constituent assembly was elected indirectly by the members of the Provincial legislative assembly, which existed under the British Raj . It first met on December 9, 1946, in Delhi . On August 15, 1947, India became an independent nation, and

12753-408: Was enacted and the 1824 Constitution, and thus the federation, was restored. On October 16, 1854, President Juan Álvarez , under the Plan de Ayutla , decreed the formation of another Constituent Congress, which met in 1856. During the presidency of Ignacio Comonfort , the Constituent Congress enacted the 1857 Constitution , which was liberal in character. The Constitution was not well received by

12870-405: Was established in 1946 in the wake of Fascist Italy 's defeat during World War II. It was elected with universal suffrage, simultaneously with a referendum about the adoption of Republic or the continuation of monarchy. Voters chose Republic, and the new assembly had the task to approve the new republic governments, as well as to write a new constitution. This was approved on 22 December 1947. It

12987-602: Was first gathered in Chilpancingo whilst the war of independence was still ongoing. During the opening of Congress, José María Morelos outlined its program in a document called Sentimientos de la Nación (Feelings of the Nation), which was the first antecedent of the various Constitutions of Mexico. Being persecuted by royalist troops, the Congress fled Chilpancingo and gathered in Apatzingán . On October 22, 1814,

13104-503: Was fixed at one hundred senators and three hundred members of assembly. The increase in membership had apparently been more rapid than was at first anticipated. At that time the Senate had increased to forty-three members, and the Assembly to one hundred and twenty-six members. The election of the delegates took place in August; the Convention met on the second Tuesday in October at Albany. It ended two weeks later on October 27, 1801. Among

13221-473: Was held between 1788 and 1792. Its principal aim became to restore sovereignty to, and reform, the federative Polish-Lithuanian Commonwealth politically and economically. These attempts were made by writing Constitution of 3 May 1791 that was designed to redress long-standing political defects of the Commonwealth and its system of Golden Liberties . The constitution lasted for merely a year because of

13338-641: Was overall split in three different groupings: the National liberals , the Friends of Peasants, and the Conservatives . A key topic for discussion was the political system, and the rules governing elections. On 25 May 1849, the constituent assembly approved the new constitution, and on 5 June 1849 it was signed by King Frederick VII . For this reason, it is also known as the June constitution . Today, 5 June

13455-1355: Was submitted for ratification at the New York state election, 1894 , in three parts: the new legislative apportionment; the proposed canal improvements; and 31 miscellaneous amendments to the Constitution; which were all adopted by the voters. Among the delegates were: Joseph H. Choate , President; Thomas G. Alvord , First Vice President; William H. Steele , Second Vice President; Elihu Root ; Edward Lauterbach ; Jesse Johnson ; Frederick William Holls ; Michael H. Hirschberg ; John T. McDonough ; John M. Francis ; Commodore P. Vedder ; John I. Gilbert ; Augustus Frank ; Daniel H. McMillan ; Frederic Storm ; John G. Schumaker ; John B. Meyenborg ; Almet F. Jenks ; Charles B. Morton ; William D. Veeder ; John Cooney ; Thomas W. Fitzgerald ; Wright Holcomb , De Lancey Nicoll ; John Bigelow ; Frank T. Fitzgerald ; Leonard A. Giegerich ; Joseph Koch ; Gideon J. Tucker ; M. Warley Platzek ; Jacob Marks ; Andrew H. Green ; Joseph I. Green ; Stephen S. Blake ; William Church Osborn ; Willard H. Mase ; Roswell A. Parmenter ; A. Bleecker Banks ; Abram B. Steele ; Chester B. McLaughlin ; Elon R. Brown ; Henry J. Cookinham ; John C. Davies ; Louis Marshall ; Milo M. Acker ; Merton E. Lewis ; I. Sam Johnson ; Henry W. Hill ; George Allen Davis ; and Charles J. Kurth . Major changes: Under

13572-688: Was the Duke of York , the future James II of England and James VII of Scotland and younger brother of the then- King of England , Charles II . Its Colonial Charter was under authority from the Monarch , (the King or Queen of Great Britain ) of the Kingdom of England and later of Great Britain , after the Act of Union of 1707 which united England and Wales and the formerly independent kingdom of Scotland The First Constitution of 1777, which replaced this Colonial Charter with its royal authority, for

13689-805: Was the first and, to date, the only constitution-making body of Bangladesh, convened in 1972 by the government of Sheikh Mujibur Rahman following the country's independence. It comprised representatives elected in the national and provincial council elections of Pakistan held in 1970. As the assembly was formed with representatives elected under the Legal Framework Order, 1970 , issued by Pakistan's then-military ruler and President Yahya Khan , several political parties and political leaders, including Maulana Abdul Hamid Khan Bhashani , Badruddin Umar , A.S.M. Abdur Rab , Farhad Mazhar , and others, have labeled this assembly as illegitimate. However, despite

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