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MR. JUSTICE ABDUL HAMEED DOGAR, HCJ MR. JUSTICE FAQIR ...

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CONSTITUTION PETITION NO. 1 OF 2008<br />

AND CMA NO. 994 TO 996 OF 2008 66<br />

d) anyone declared to be of unsound mind by a<br />

court of the Republic; or<br />

e) anyone who, after this section took effect, is<br />

convicted of an offence and sentenced to more<br />

than 12 months imprisonment without the<br />

option of a fine, either in the Republic, or<br />

outside the Republic if the conduct constituting<br />

the offence would have been an offence in the<br />

Republic, but no one may be regarded as<br />

having been sentenced until an appeal against<br />

the conviction or sentence has been<br />

determined, or until the time for an appeal has<br />

expired. A disqualification under this paragraph<br />

ends five years after the sentence has been<br />

completed.<br />

2. A person who is not eligible to be a member of the<br />

National Assembly in terms of sub-section (1)(a) or (b)<br />

may be a candidate for the Assembly, subject to any<br />

limits or conditions established by national<br />

legislation.<br />

3. A person loses membership of the National Assembly<br />

if that persona)<br />

ceases to be eligible; or<br />

b) is absent from the Assembly without<br />

permission in circumstances for which the<br />

rules and order of the Assembly prescribe loss<br />

of membership.<br />

4. Vacancies in the National Assembly must be filled in<br />

terms of national legislation.<br />

Under Article 41 of the Constitution of South Korea,<br />

1) The National Assembly is composed of members<br />

elected by universal, equal, direct, and secret ballot<br />

by the citizens.<br />

2) The number of members of the National Assembly is<br />

determined by law, but the number may not be less<br />

than 200.<br />

3) The constituencies of members of the National<br />

Assembly, proportional representation, and other<br />

matter pertaining to National Assembly elections are<br />

determined by law.<br />

Under Article 70 of the Constitution of Spain;<br />

1) The electoral law shall determine the reasons for<br />

ineligibility and incompatibility of Deputies and<br />

Senators, which shall include in any case:<br />

a) the member of the Constitutional Court;<br />

b) the high officers of the State Administration, as<br />

determined by law, with the exception of the<br />

members of the Government;

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