Constitution of Florencia (2020)
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The Constitution of Florencia (2020) is the current organic document of the province of Florencia which took effect in June of the same year. It defines the roles of the Constable, the Governor and the provincial legislature known as the Nimlet, and also lays out certain procedures for the elections, referenda, and legislation of the province.
The first Constitution of Florencia was adopted on the formation of the province on 1 September 1996, which was later replaced by the Constitution of 15 June 2002.
The Constitution was modified again when then-Governor Ma la Mha acted unilaterally to amend it in whole, having been the sole member of the Nimlet at the time. Although it was a de facto by irremediable violation of Article XI.6 of the 2002 version, this newer version in 2011 was then promulgated on 15 November by then-Constable Litz Cjantscheir.
Most recently, after having been elected in December, 2019, then-Senator Açafat del Val began the process of drafting a proposal for a new constitution. King John, the Governor Breneir Itravilatx, and the Seneschal Miestrâ Schivâ were invited privately to review and edit the proposal before release for public comments. Several changes were made on their suggestions, for example the Governor's idea that true residents of Florencia should be preferred for appointment as Governor.
The proposal was finally made public on 01 February 2020, and a formal resolution of the Nimlet was passed on 15 May. Having been presented by the Governor, but not rejected by the Constable during the constitutionally mandated window of time, the 2020 version formally took effect at some time in June.
Preamble
We continue to be pioneers.
In 1982 a blind imperialist land grab brought under Talossan control the place which we now call Florencia. This land grab created one of our now-sister provinces, for which a constitution was ratified even though no Talossan yet lived within its boundaries.
In 1990 the first Talossan settled the southern canton of that province, which had been named Florencia in honor of the former Talossan head of state, Queen Florence. The settler found that the area was different from the northern half of the province, and was a place with a character all its own. Relationships developed with the local Cestours, and what had seemed to be a Talossan frontier six months earlier was now turning into a home. Things began to take root, and along with them came change.
In 1996 Florencians moved out of the shadow of our parent province and established the right to operate on our own terms. We struggled with dark forces that sought to upset the balance in the kingdom and leave a mark on our new homeland, but we prevailed.
In 2002 Florencia established a constitution that lasted all nine years through the many crises that our beloved province and kingdom had survived, separating our population from one another and devastating our local presence, but not our provincial pride.
In 2011 we adopted a new constitution, with heads held high and beliefs held strong, in order that we could continue to preserve life, liberty, and the safeguard of law.
Finally now, in 2020, we have wrought a new chapter in the history of our beloved province as well as a better government for our people, who will preserve the unique character all its own of that old southern canton.
Just as Talossa is more than the sum of its parts, so too is this province.
¡Viva la Florencia!
ARTICLE I. THE PROVINCE.
Section 1. Style.
The style of this province is The Province of Florencia, or in Talossan “La Provincù Florencia”.
Section 2. Territory.
The province consists of and claims provincial sovereignty over all such Talossan territory as follows: from the Milwaukee River along North Avenue to Prospect Avenue, then along Prospect Avenue southwest to Lafayette Street, then along Lafayette Street northwest to Farwell Avenue, then along Farwell Avenue southwest to Brady Street, then along Brady Street west to Warren Avenue, then along Warren Avenue north to, and then along, the footpath below Boylston Street leading to the foot bridge across the Milwaukee River.
Section 3. Claim.
All lands and islands man-made or naturally forming in Florencian territorial waters are irrevocably part of the provincial territory.
Section 4. Capitol.
The provincial capitol is the Landmark Building located on the corner of East Kenilworth and North Farwell Avenue, the home of a bar, a bowling alley, a corner shop and the Oriental Theatre.
When either the Governor, a Senator for Florencia, or the Constable be an actual inhabitant within the territorial borders of Florencia, and during such inhabitation, the domicile of the first person so enumerated shall be considered the focal point of the province and be honored as the provincial capitol; and the domicile shall be known as the Manor of the street at which it stand, for example “Irving Manor”.
Section 5. Language.
The recognized languages of Florencia are Talossan and English, but both French and Frenglish shall be respected and willingly promoted.
Section 6. Constitutional Primacy.
This Constitution is and shall be always the ultimate law of the province of Florencia, subject only to the supremacy of the Organic Law of Talossa, and no law shall be enacted or enforced which contravene them.
ARTICLE II. SYMBOLS.
Section 1. Flag.
The provincial flag of Florencia is a banner in dimensions five by the hoist to eight by the fly, and is so blazoned as follows: Azure a Florentine fleurs-de-lis Or in chief three barrulets of the same
Section 2. Seal.
The provincial seal of Florencia is so blazoned as follows: On an oblong disc Azure a Florentine fleurs-de-lis all within a bordure Or inscribed with in chief the word “FLORENCIA” and in base the phrase “1996 XVII” Azure.
Section 3. Anthem.
The provincial anthem is the song “Built A Little Empire” by They Might Be Giants. The same is and shall serve as a reminder of the origins of Florencia.
ARTICLE III. GOVERNMENT.
Section 1. The Constable.
The Sovereign of Talossa is represented in the province and attends to provincial affairs through a Constable, or in Talossan “Cunstavál”, who shall be appointed in accordance with the Organic Law.
If the office of the Constable be ever vacant or generally unattended, the Governor shall petition without delay that the Sovereign appoint a new Constable and shall repeat this petition so often as may be necessary to effectuate the appointment.
The Sovereign shall assume all powers and duties of the Constable while the latter office be vacant.
Section 2. Senators for Florencia.
Florencia shall have equal and fair representation in the Senate of Talossa, in accordance with those procedures or qualifications determined by the Organic Law or other laws of Talossa; but none shall be so elected, nor continue to serve as a Senator for Florencia, who be not a bona fide citizen and a qualified resident thereof.
A Senator for Florencia shall be responsible to the people of the province for the exercise of his powers and duties, in addition to those laid down by the Organic Law; and, in order that an active and thoughtful dialogue be kept with the Nimlet, especially regarding issues of provincial concern, shall have by right of such office one mandatory and equal seat in the House of Shepherds.
If a Senator for Florencia choose to vacate any seat which he may hold in the House of Shepherds, the same shall be construed as resignation from the office of Senator.
Section 3. The Nimlet.
The legislative powers of Florencia shall be vested exclusively in the Nimlet, which shall consist of the Constable and a House of Shepherds.
Those citizens of Florencia, who be according to the Organic Law and other laws of Talossa a qualified elector of a Senator for Florencia, shall be at the same time a qualified elector of the House of Shepherds and in provincial referenda.
Each member of the House of Shepherds is known in Talossan as a “Pastour”; and, in order to hold or keep any seat in that place, shall be neither the Constable nor the Sovereign and remain a qualified elector of Talossa in good standing.
Section 4. Provincial Elections.
Unless the Nimlet have passed a resolution to the contrary which be limited to one election or referendum at a time, the Chancery of Talossa shall conduct each provincial election or referendum of Florencia as a matter of right, and this clause is for all intents and purposes a perpetual request to the Chancery for the same; provided that the Constable shall be responsible for this duty if the request be refused in good faith or the Chancery be practicably and actually unable to fulfill it.
The House of Shepherds shall be elected all at once for a term concurrent with that of the Cosa of Talossa, and the election for them shall be coincident with the General Election of the same, to be held on the same day in the same manner at the same times and places.
A qualified elector for the House of Shepherds shall exercise such vote by written ballot and indicate thereon an exclusive preference for one political party or, if without a preference, shall participate by abstention and indicate thereon the word “Present”.
Section 5. Composition of the House of Shepherds.
No later than the tenth calendar day following the certification of the election, the Governor of Florencia, or in the absence of an incumbent Governor, the Constable of Florencia, shall:
(a) Determine and fix the total number of seats for the new term of the Shepherds, which number shall be equal to the number of ballots returned in the election, less those returned and indicating “Present”, plus one additional seat for each incumbent Senator for Florencia, plus one additional seat for the Governor;
(b) Apportion among those political parties, which have received votes in the election, their respective proportional share of the number of remaining seats with respect to their electoral performance, after the assignments to the Senators and Governor; and
(c) Fix the date for the commencement of the session of the new Nimlet, to be not later than the thirtieth day following the aforesaid certification.
Before or at the commencement of the session of a new Nimlet, and again at any time during the same session, the commonly recognized and known leader of a political party which be entitled to any number of seats in the House of Shepherds shall assign the same in any whole number without personal limit, but only to bona fide citizens of Florencia who remain qualified residents thereof; and such assignments shall be made publicly, given to the Governor of Florencia, and maintained in good faith by him.
Those seats which remain unassigned by a political party shall remain vacant until such assignment be made and received by the Governor.
Those changes by party leaders in the seating assignments, which have been effectuated during a pending resolution of the Shepherds, shall have no effect on the matter; and those votes yet made or already made may be altered before a deadline only by those persons who have held the same seats originally.
If there be a ripe controversy with regard to the actual assignment of seats of the House of Shepherds, the controversy shall be adjudicated in the first instance by the Governor alone; and if a party to it be unsatisfied, an appeal may be made directly to the Uppermost Cort of Talossa, provided that the remedy of the Governor remain in effect until or unless the said court render a judgement.
Section 6. The Governor.
The executive powers of the province shall be vested in a singular Governor, or in Talossan “Governadéir”, who shall:
(a) Be the presiding officer of the House of Shepherds, and have by right of such office one mandatory and equal seat there;
(b) Resolve all parliamentary questions in the House of Shepherds, and take care that their business be undertaken in good and honorable manner;
(c) Keep and make publicly available the text of all laws of Florencia, in conjunction with the Scribery of Talossa;
(d) Take care that the laws of Talossa and Florencia be enforced faithfully; and
(e) Represent the province in any and all judicial actions to which it be a party.
He may declare the continuation of the current Nimlet through any single General Election whenever the same be occasioned by the premature dissolution of a Cosa, but only if such declaration be made within one week of the aforesaid dissolution; and no such continuation may be made for two consecutive General Elections.
If the Governor choose to vacate any seat which he may hold in the House of Shepherds, the same shall be construed as resignation from the office of Governor.
Section 7. Appointment of the Governor.
Whichever citizen of Talossa may have the Confidence of the House of Shepherds shall be appointed without delay by the Constable to serve as the Governor of Florencia; but, before he enter upon the powers and duties of the office, the Governor-designate shall sing the provincial anthem as his oath of office in witness of the Constable at least.
The appointment of the Governor shall last until he resign or die, or unless the Constable remove him for such good cause as established by law, including nonfeasance upon clear and convincing evidence.
No person shall be the Governor unless he enjoy full civil liberties and be in good standing among the province, nor unless he have served as a member of the House of Shepherds for the whole duration of a previous term, as a member of the Cosa of Talossa for four months at least, or as a Senator for one month.
The office of the Governor of Florencia shall be also incompatible with the Sovereign, that of the Constable, that of any judicial official of the province or Talossa, and that of any Senator, whether for Florencia or another Talossan province.
Section 8. With Respect to Vacancies of the Governor.
Whenever the office of the Governor be vacant or generally unattended, then the longest-serving or, in the case of a tie, the eldest member of the House of Shepherds shall assume the powers and duties thereof as Acting Governor, until the Constable shall have duly appointed and installed a successor.
The Constable shall prefer for appointment as the Governor those who be bona fide citizens of Florencia; and none else shall be so appointed, until the eighth day following the cause of vacancy.
Section 9. Governor to Maintain Confidence of Shepherds.
The first order of business in the House of Shepherds, following the commencement of a new session, shall be by resolution the affirmation of their Confidence in the sitting Governor, though these Resolutions of Confidence may be introduced at other times.
ARTICLE IV. LEGISLATION.
Section 1. Legislative Supremacy.
The legislative powers of the Nimlet shall extend to all subjects which are herein not forbidden or restricted, and be otherwise not violative of the principles of this Constitution or the Organic Law of Talossa.
Section 2. Resolutions of the Nimlet.
All legislative measures of Florencia having the effect of statute or bearing the force of the law shall be made and passed by the Nimlet only in the form of a resolution.
The right to introduce a resolution of the Nimlet shall be reserved exclusively to the Constable and to the members of the House of Shepherds, and all such resolutions shall be introduced solely in the House of Shepherds for their consideration.
Section 3. Deadlines for Final Votes in the House of Shepherds.
Whosoever may introduce a resolution to be considered by the House of Shepherds shall establish at the same time a deadline by which all final votes thereon shall be made.
The deadline for the final votes on a resolution of the Nimlet, as established by its author or primary sponsor, shall be not later than the scheduled termination of the session of the same Nimlet, nor earlier than the fourteenth calendar day following the date of its introduction.
Section 4. Passage by the House of Shepherds.
Each member of the House of Shepherds shall have the same number of votes on any question as equal the number of seats which he hold; but a member shall cast his votes as one bloc, and shall have no divided conscience when voting.
A resolution of the Nimlet, except where otherwise established by this Constitution or the Organic Law of Talossa, shall pass if on its established deadline it shall have earned more affirmatives votes than negative, without regard to abstentions or absences.
Whenever a resolution of the Nimlet fail to pass on its deadline in the House of Shepherds, the Governor shall close the question and declare it rejected.
No resolution of one Nimlet, having substantially the same effect of a previous resolution of the same Nimlet which the Shepherds have rejected, shall be introduced again during the same Nimlet without the explicit approval of the Governor; provided that this limitation shall have no effect on Resolutions of Confidence.
Section 5. No Quorum in the House of Shepherds.
No quorum whatsoever shall be required on any question in the House of Shepherds.
Section 6. Presentation to the Constable.
Whenever the House of Shepherds have passed a resolution, the Governor shall close the question, sign the instrument forthwith, and invite that Constable consider it for approval.
If the Constable should approve a resolution so presented, or fail to act upon it altogether during the fourteen days immediately following presentation, the Governor shall promulgate it then and it shall take effect.
If the Constable disapprove a resolution presented by the Governor, then the former shall return it to the consideration of the Shepherds with his objections in writing: and if the same resolution should earn again at least twice as many affirmative votes as negative, not later than the seventeenth day following its return, the Governor shall close the question and promulgate the resolution forthwith, and it shall take effect then; or else he shall close the question and declare it failed, albeit not rejected.
Section 7. Exceptions for Resolutions of Confidence.
Resolutions of Confidence are a special matter of the province which shall be in all manners regarded with great importance and respect.
A Resolution of Confidence may be introduced by any member of the Nimlet, even by the Governor or the Constable, but shall require at least the countersignature of one other Shepherd as a co-sponsor; provided that upon a new session such Resolutions shall be introduced and sponsored as a matter of process solely by the Governor, notwithstanding any other Section or Clause herein.
The deadline for final votes on a Resolution of Confidence shall be the fourteenth day following its bona fide introduction, without exception; and no member shall have the right to abstain, nor the privilege to be absent, but shall vote affirmatively or negatively on the question.
Those Resolutions of Confidence, which shall have earned on the deadline as many negative votes as equal a majority of the fixed number of seats of the House of Shepherds, less those of the Governor and those unassigned by an entitled political party, shall be considered an expression of No Confidence in the Governor, in which case he shall tender them his resignation forthwith, the Constable shall receive notice thereof, and a successor shall be installed in due course; or else the Governor shall close the question, and it shall be assumed that he have their Confidence and may continue to serve.
Regardless of the outcome of any Resolution of Confidence, none shall be introduced again until two months have intervened after the deadline of the last; but if three such Resolutions during the same period of one year have caused that a Governor resign, then the next appointment of the Governor shall be made by resolution of the Shepherds taking effect without presentation to the Constable.
Section 8. Expiration of Pending Resolutions.
If the Cosa of Talossa be dissolved prematurely, occasioning the election of a new House of Shepherds, and unless the Governor be able and choose to effectuate a continuation of the term, all resolutions and parliamentary questions pending in the Nimlet at the time of the dissolution shall be nullified.
ARTICLE V. AMENDMENTS.
Section 1. Amendment by Resolution.
This Constitution may be amended in whole or in part by a resolution of the Nimlet limited to the purpose; but, in order to pass, it shall have earned such sum of affirmative votes on the deadline as equal a majority of the fixed number of seats of the House of Shepherds.
A veto by the Constable in the cases of such resolutions shall be final and conclusive, but his objections made public; and, in the case of such veto, the Governor shall declare the resolution failed, albeit not rejected.
Amendments by resolution shall take effect after due promulgation by the Governor at a prescribed time, and shall become then for all intents and purposes a part hereof.
Section 2. Amendment by Referendum.
This Constitution may be amended in whole or in part, or a new Constitution altogether proposed, by a referendum of the province, which shall be called by a resolution of the Nimlet limited to the purpose and prescribing the Amendment.
No resolution of the Nimlet calling for Amendment by referendum shall pass, unless it shall have earned such sum of affirmative votes on the deadline as equal a majority of the fixed number of seats of the House of Shepherds, less those unassigned by an entitled political party.
If the same should be passed by the House of Shepherds, the Governor shall promulgate it without presentation to the Constable, the Amendment shall be presented in referendum to the whole province, and each citizen shall have one vote; and if a majority of all bona fide citizens should approve, or if two thirds of those participating should approve, then it shall take effect at a prescribed time to become for all intents and purposes a part hereof, or to replace this Constitution, as may be the case.