Legal basis for direct democracy at the national level

Article 96 and 99 of theConstitution provide for a mixed recall, where registered voters may initiate arecall by submitting a petition. The petition for recall does not lead to avote of the electorate, but triggers, instead, a discretionary process,overseen by the ?Head of State? (the Governor-General) to investigate therecall of an Minister of parliament for medical infirmity.

Constitution of Tuvalu

(Adopted on 1 October 1978)

http://www.tuvaluislands.com/const_tuvalu.htm

Article96, Tenure of Office.

(1) Theseat of a member of Parliament becomes vacant-

(h) ifhis seat is declared to be vacant under section 99 (recall of incapacitatedmember); or [?]

Article 99, Recall of incapacitated member.
(1) If more than 50 per cent of the persons who are registered as electors forParliamentary elections in an electoral district sign a petition to the Head ofState stating that a member of Parliament for that district is unable toperform properly the functions of a member because of infirmity of body ormind, the succeeding provisions of this section apply.

(2) If the Head of State, acting in his own deliberate judgment, is satisfiedthat-

(a) apetition delivered to him complies with subsection (1); and

(b) itis desirable in the interests of the good government of Tuvalu that thequestion of removing the member should be investigated, the Head of State,acting in accordance with the advice of a professional medical body outsideTuvalu approved by an Act of Parliament for the purpose, shall appoint two ormore medical practitioners who are legally qualified to practise medicineeither in Tuvalu or elsewhere to investigate the question of the capacity ofthe member.

(3) The persons appointed under subsection (2) shall investigate the questionand make a joint professional report to the Head of State personally.

(4) If after considering the report, the Head of State, acting in his owndeliberate judgment, is satisfied that it is desirable in the interests of thegood government of Tuvalu to do so, he shall, acting in his own deliberatejudgment, by written notice to-

(a)the Speaker; and

(b)the member,

Declarethe seat of the member concerned to be vacant.