Constitution of Maritiimi-Maxhestic

From TalossaWiki
Jump to: navigation, search
The following document was drafted by the Constitutional Convention of Maritiimi-Maxhestic, and approved by that body on April 24th, 2008/XXIX. It proceeded to referendum to the people as a whole, and passed unanimously on May 12th, 2008/XXIX.
Constitution of the Province of Maritiimi-Maxhestic

I. Nature of document

This constitution shall serve as the guide for the citizens and highest provincial law for the province of Maritiimi-Maxhestic. It shall be superseded only by the following: the dictates of the Organic Law of the Kingdom of Talossa, the statutory law of the Kingdom of Talossa as pertaining to the specific limits of the power of the national Ziu as detailed within that Organic Law, and the rights of the citizenry as ensured by that Organic Law's Covenant of Rights and Freedoms. This constitution shall be considered to fulfill the requirements for provincial "rules of operations" as detailed in Article XVII, Section 9, paragraph D of the Organic Law, for the province of Maritiimi-Maxhestic alone, and shall be considered so in perpetuity. This constitution shall only be repealed or amended by the process detailed within this document.

II. The Province

A. The province's name shall be Maritiimi-Maxhestic.
B. The provincial flag shall be emblazoned "Per Scandinavian cross, 1 Per fess vert and gules, 2 and 3 Argent, 4 Tierced in pale gules, or, and azure; a Scandinavian cross sable fimbriated argent and refimbriated sable; overall at the center of the cross a plate fimbriated sable charged with an anchor sable festooned at its head with a ribband azure bearing the legend "8-1-93" sable."

III. Provincial assembly

A. Political power within Maritiimi-Maxhestic shall be invested in an Assembly, known as the Provincial Assembly of Maritiimi-Maxhestic. This Assembly shall have the power to make whatsoever laws it deems necessary to protect the rights of citizens and advance the province, limited only by the boundaries given within this document.
B. Limitations of assembly
As established within the Organic Law, the Assembly shall pass no laws which would entail the repeal or amendment of the Organic Law or a national statute. No provincial statute shall be passed which contravene either that Organic Law or national statutes. Additionally, the Assembly shall pass no laws which would entail appropriation or outlays of public revenue or monies; nor shall it pass laws which establish a census or statistics; nor shall it pass laws which establish weights or measures; nor shall it pass laws which establish a provincial currency, coinage or legal tender; nor shall it pass laws which establish copyrights, patents, or trademarks. Any law, resolution, or amendment shall be deemed invalid and without effect to the extent to which it violates national law or Organic law.
C. Elections of assembly
Candidates for assemblypersons shall be required to be at least fourteen years of age, a citizen of good standing of Maritiimi-Maxhestic, and free from any criminal record in Talossa. The time and manner of elections for assemblypersons shall be determined by law.
D. Functioning of assembly
1. Legislation for the good governing of Maritiimi-Maxhestic shall be the business of the Assembly. As such, actions undertaken by the Assembly in whatever nature must strictly pertain to the province and her interests. All other business shall be rightly conducted elsewhere.
2. The attitude and rhetoric of members of the assembly shall be at all times professional and cordial, as this shall be the most conducive to the operation of the assembly and good service of the people. It is requested to this end that members of the assembly address each other politely, as befitting elected legislators.
3. Legislation can take several forms, and shall be appropriately titled as according to the forms below.
4. A motion of the assembly shall express general intent to the exterior of the assembly or shall govern self-governance of that assembly. Inasmuch as shall be possible, it will not mandate behavior, but suggest it. Passage of a motion shall require a majority of votes of the assembly.
5. A provincial statute passed by the assembly shall establish the rule of law within the province. The primary purpose of statutes shall be to ensure the rights of the citizens of the province as guaranteed by the Organic Law of the nation, and the secondary purpose shall be to further the interests of Maritiimi-Maxhestic. Passage of a statute shall require a majority of votes of the assembly.
6. A referendum shall be an item of law which will change the system of governance, such as the establishment of a constitution. Passage of a referendum will require first a two-thirds majority of votes of the assembly, after which time it will be referred to the people. It will pass into law and be given force after approval of a majority of the people.</blockquote>
E. Grand General Secretary
The Grand General Secretary shall fulfill the position of premier and leader of the Assembly. He will have ceremonial power to represent the province as needed, but shall exercise no other power. He shall be elected by majority vote within the Assembly each term. He may be removed at any time by another majority vote of the Assembly, for any reason.

IV. Cunstavál

A. A cunstavál shall be appointed by the reigning monarch of Talossa to serve as that personage's liaison within the province and formal represenative. In accordance with the Organic Law, this cunstavál shall have the following powers and no others:
1. The cunstavál shall possess a limited veto power upon bills put forward by the Assembly. Should the cunstavál veto a bill, it will return for consideration by the Assembly. This veto can be overturned by a simple majority of the Assembly. The cunstavál can veto a bill only once.
2. The cunstavál shall have the power to create provincial holidays, should the Assembly create such an institution.
3. The cunstavál shall have the power to grant provincial titles of nobility, should the Assembly create such an institution.
4. The cunstavál shall have the power to pardon those convicted of crimes by a provincial cort or commute their sentences, should the Assembly create such an institution.
B. The term of the cunstavál shall be without end, unless the monarch of Talossa should remove him or appoint another in his place.

V. Emergency Powers

The "time of good behavior" within the OrgLaw is formally defined thusly: a term within which interest and feasance has been exhibited by the citizenry, as measured by assembly activity. If an entire assembly term should pass without any activity by that assembly, consisting of a vote on at least one matter, the following term the province would be considered to be behaving badly. At such a time, the cunstavál of the province will wield all powers delegated to the Assembly and Grand General Secretary for this term and shall be titled "Emergency Dictator" within the province. The "Emergency Dictator" will be tasked with the responsibility of restoring the legitimate government to usefulness by inspiring provincial activity, and his powers will end with that term. Accordingly, the Emergency Powers will always expire after a time period of one term.

VI. Judicial Review

All laws of the province shall be subject to challenge by citizens of province to the High Cort. That body shall be the only cort competent to rule over such laws. Lesser corts established by national statute shall be permitted jurisdiction over all other civil and criminal matters should they be created by the Assembly, and otherwise such matters will also be tried before the High Cort.

VII. Amendments

This document may be amended only by a bill passed with a supermajority, wherein two-thirds of the members of the Assembly vote in favor, but such an amendation will not be valid unless it is further passed by a majority vote of the people. This document may be repealed by unanimous vote of the Assembly, but such a repealing shall not be valid unless it is further passed by a majority vote of the people.