Constitution of Benito

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CONSTITUTION OF THE SOVEREIGN PROVINCE OF BENITO

We, the people of Benito, do hereby endorse this constitution for the government of our great Province and do therefore ordain it to be the rule and guide of our government and the guardian of our rights.

The State

Art. 1. The Sovereign Province of Benito is an autonomous and self-governing member of the federal Talossan nation and pledges eternal allegiance to His Royal Majesty, and the Regipäts Talossan.

Art. 2. The name of the state is la Provinçù Soveran da Benito. In English, it is the Sovereign Province of Benito.

Art. 3. The sacred and irremovable territory of the Sovereign Province of Benito shall consist of the cantons of Garibaldi and Mazzini.

Art. 4. The capital of the Province is Garibaldi.

Art. 5. The sole historic and national language of the entire Talossan people, and therefore of the Benitian Province, is the Talossan language (el glheþ Talossan). The Benitian government shall also recognise English as a useful working second language, and may adopt tertiary working languages by law.

Art. 6. The Provincial flag shall be registered with the College of Arms with the blazon, Per fess vert and gules an inescutcheon per tierce vert, argent, and gules fimbriated or in chief a royal crown proper.

The Provincial Chancellery

Art 7. Legislative power in the Sovereign Province of Benito is invested in the Legislative Chancellery. The Legislative Chancellery is composed of two Houses: the Assembly of Benito and the Senate of Benito.

Art 8. The upper house of the Legislative Chancellery is the Senate of Benito. It shall be composed of all recipients of the Order of Benito and all people who have served as Senator of Benito in the past, provided that they are citizens of Benito and Talossa when the Senate is seated. The Maestro can appoint a number of additional Senators up to half the members of the Senate by right, who shall serve in the Senate until the Legislative Chancellery is dissolved. A Speaker shall be elected among the Senators by simple majority as the first order of business of each newly seated Senate with a Motion to Elect a Speaker ("That Senator X do take the Chair as Speaker"). The composition of the Senate cannot be altered between two General Elections, except by appointment by the Maestro, removal or resignation. A Senator can only hold one seat, even if he is entitled to multiple seats.

Art 9. The lower house of the Legislative Chancellery is the Assembly of Benito. It shall consist of 11 seats filled by representatives of political parties granted legislative seats in the general election. Its members shall be known as Members of the Assembly (MAs), and may decide to cerimonially represent any subdivision of the Province or the entire Province at-large. A Maestro shall be elected by the Members of the Assembly as the first order of business of each newly seated Assembly. The presiding officer of the Assembly is the Arvitieir Prima, who is appointed by the Maestro.

Art 10. The Legislative Chancellery shall have power to pass any bill into law by a simple majority vote of both Houses; a bill shall be introduced in the House of its principal sponsor, and upon approval be commanded to the other House, after which if successful will become law. Votes on bills in both Houses shall last a maximum of seven days, or will end as soon as all members have voted or as soon as there is no possibility for the remaining members to change the outcome of the vote. Votes on motions in both Houses shall last two days. At the dissolution of the Cosa, the Assembly will also be dissolved; the Senate will be cerimonially closed to business and the mandate of the appointed Senators will cease.

Art 11. Members of the Assembly (MAs) and Senators are collectively known as Chancellors and must participate in each session of the Legislative Chancellery. Failing to vote or abstain in 3 consecutive votes in their House shall make a Chancellor the eligible for removal.

Art 12. A Chancellor may be removed from their seat in their respective House following conviction by the Cort pü Inalt, dismissal from the Talossan Military, death, incapacitation or failing to vote or abstain in 3 consecutive votes in their respective House. Removal shall not be automatic. Following one or more of these incidents, any member of their same House may present a Motion to Remove a Member ("That Assemblyman/Senator X be removed from this House and his seat be vacated") to their House at the next legislative session which shall clearly state for which of the aforementioned reasons a Chancellor should be removed. The Motion shall be authorized upon receiving a 3/5 majority vote, and upon passing shall determine the vacation of the seats held by the Chancellor.

The Maestro

Art 13. The Maestro shall be the leader of the Benitian government, and the majority leader of the House he sits in. He shall have the power to delegate some of his functions to appointed representatives, which shall be styled "aldermen", and to appoint a leader to the House he does not sit in, to serve as the representative of his government. He shall have the power to issue proclamations which have the force of law. These proclamations may be appealed or amended as regular laws.

Art 14. A new Maestro may be chosen at any time by a Motion to Elect a Maestro ("That Assemblyman/Senator X do take the post of Maestro of the Sovereign Province of Benito") approved by a simple majority of the Assembly. The first order of business of each newly assembled Assembly will be to elect a new Maestro from among its members. Only the Assembly can force the Maestro to resign through a simple majority vote on a Motion of No Confidence ("That the Assembly does not have confidence in the current Maestro of Benito.").

Il Viceré

Art 15. The Viceré, or Viceroy is the representative of the King of Talossa, and as such, shall have veto power over all laws of the Chancellery. The Viceré is appointed by the King pursuant to Organic Law. While the King may freely appoint a Viceré, it is the preference of the citizens of the Province of Benito that the Viceré be a citizen of the Province for at least one year prior to appointment.

Art. 16. A veto by the Viceré may be overridden by a 3/5 majority vote of the Provincial Chancellery.

El Representanteu Noval ("The Senator")

Art 17. Benito’s delegate to the Senäts shall be known within the Province as el Representanteu Noval and styled “Senator.” The Representanteu Noval shall be selected pursuant to Organic Law.

Arvitieir Prima ("Chief Umpire")

Art 18. The Arviteir Prima (in English, Chief Umpire) shall serve as the nonpartisan presiding official of the Assembly. The rulings and judgments of the Arviteir Prima in this role may be appealed to a vote of the members of the Assembly.
Art 19. The Arviteir Prima is in charge of making sure new Maestros are elected when the position is open.
Art 20. The position of Arviteir Prima does not entitle the holder to a vote in the Chancellery, not even to break ties.
Art 21. The Arviteir Prima shall provide advisory opinions to the Maestro and Chancellery upon request, and shall represent the province in national and provincial courts unless the Maestro appoints another representative.
Art 22. The Arvitier Prima is appointed by the Maestro, and shall serve until the Maestro appoints another to the job.

Distribution of Power

Art 23. So that no conflict of interest may occur, or that no one individual may take over the province in a hostile attempt, no-one may hold more than one of the offices of Maestro, Viceré, or Noval Representanteu simultaneously. The Viceré also may not hold seats in the Provincial Chancellery.

Justice

Art 24. The Cort pü Inalt shall have original jurisdiction to try all cases arising under Benitian law.

Art 25. The Province of Benito reserves the right to form a justice system to meet its needs pursuant to Organic Law.

Amendments

Art 26. This Constitution may be altered by a resolution of the Provincial Chancellery, which must be approved by a referendum of the people attaining the favour of three-fifths of those who vote and promulgated by the Viceré.