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Decision of the Estonian people for convening the National Constituent Assembly, 1936

Decision of March 6, 1936, of the General Committee for Plebiscite relating to the proclamation of the results of the referendum held on February 23, 24 and 25, 1936.

The General Committee for Plebiscite, after final summing up of the results of the referendum held on February 23, 24 and 25, 1936, decided on March 6, 1936, in conformity with the Articles 8 p. 7 and 53 of the law concerning the referendum for convening the National Constituent Assembly (State Gazette 3 – 1936), to proclaim the results of the said referendum as follows:

In the referendum of February 23, 24 and 25, 1936, on the draft resolution relating to the convocation of the National Constituent Assembly, submitted to the people by the decision no 3 of January 8, 1936, (State Gazette 3 – 1936) of the Head of State, in conformity with the Articles 1 and 27 of the Constitution of the Republic of Estonia, 629.217 duly franchised citizens participated, 474.218 votes having been cast for and 148.824 votes against the proposal of the Head of State, whilst 6.175 votes were declared void, and therefore the people, in accordance with the Article 52 of the law concerning the referendum for convening the National Constituent Assembly, have adopted the following decision:

Decision of the Estonian People for convening the National Constituent Assembly.

The Estonian people

exercizing the supreme power of the State by the referendum of February 23, 24 and 25, 1936,

have decided:

(1) To authorize the Head of State to convene the National Constituent Assembly, whose mission shall be to amend the Constitution of the Republic of Estonia now in force, or, if necessary, to draft and pass a new Constitution;

(2) that when amending the Constitution or drafting the new one the National Constituent Assembly must be guided by the principles that Estonia shall remain a Democratic Republic where the supreme power rests with the people and that the country is directed by an elected Head of the State with the well-balanced cooperation of a government nominated by him and a parliament consisting of two chambers;

(3) to authorize the National Constituent Assembly to pass the laws necessary for putting into effect the Constitution;

(4) to lay down the following rules, concerning the composition and functioning of the National Constituent Assembly:

¶ The National Constituent Assembly is composed of two Chambers;

¶ The first Chamber of the National Constituent Assembly is composed of 80 members, elected by the people by universal, equal, direct and secret suffrage on the principle of individual constituencies in conformity with the procedure fixed by the respective electoral law to be given by the Head of State;

¶ The second Chamber of the National Constituent Assembly has 40 members; it is composed of representatives of the courts of justice, local self-governing bodies, autonomous economic and professional institutions, autonomous cultural institutions of the national minorities, the University of Tartu, the Defence League and the churches, on a basis to be determined by the Head of State, and of ten members appointed by the Head of State from persons possessing the required qualifications and experience for drafting the Constitution;

¶ The first and second chambers of the National Constituent Assembly work separately; if, in case of dissension, the attempts to reach on agreement in accordance with the standing rules of the National Constituent Assembly give no results, they hold a plenary meeting of the National Constituent Assembly, where the question will be decided upon by a majority of votes;

¶ The National Constituent Assembly must accomplish its work within six months from the first meeting;

¶ The members of the National Constituent Assembly are not entitled to receive a salary, but they are paid a compensation for attending the meetings.

The General Committee for Plebiscite.