Law:1997 Organic Law/51stCosa
 The current version is here. |
16 october 2017/XXXVIII until 29 february 2020/XLI |
Preamble
The men and women of Talossa,
seeing plainly the need to constitute a greater and more perfect, indissoluble federation,
and having been consulted in convention and referendum, do call upon
His Majesty the King to proclaim this new Organic Law
for the Kingdom of Talossa:
Preamble
WE, ROBERT I, by the grace of God, King of Talossa, etc., etc., etc., conscious of the rôle conferred upon Talossa by history, ever mindful of our inexplicable and inextricable connexion somehow to Berbers, moved by the explosive progress our modern nation has made since opening its doors to the world; with renewed patriotism and the resolute will to craft a state based on justice, law, and freedom, for the peace, order, and good government of all Talossans; and owing a debt of gratitude to Matthias Muth, John Eiffler, Evan Gallagher, Sean Hert, John Jahn, Dan Lorentz, Geoff Toumayan, Marc-André Dowd, Nathan Freeburg, and Ken Oplinger, who ensured the preparation of this document; do ordain and establish, by and through the consent of the Talossan People, as the supreme law of our Realm, this
Article I: Declaration of Independence
I, Robert I, His Royal Me, proclaim the Kingdom of Talossa to be an independent unit in the master plan of World Singular Secession. In doing so, I am seceding from the United States of America. (Promulgated 26th December 1979)
Article II: Points of State
Section 1
The reality of the Kingdom of Talossa is lived out most positively through its historic spirit, of which all Talossan institutions are guardians and enhancers. The Kingdom of Talossa is a community of persons having fun by doing things which are reasonably similar to what other ("real") countries do, whether for reasons of tourist nostalgia, out of a lust for power, in pursuit of parody, or -- yes -- as nationbuilding.
Section 2
The name of the State, in the national language, is El Regipäts Talossán. In English, the name of the State is The Kingdom of Talossa.
Section 3
The metropolitan territory of Talossa consists of all land on the Talossan Peninsula south of a line drawn from east to west through points lying equidistant from the north and south curbs of Edgewood Avenue, i.e. the former border between the City of Milwaukee and the Village of Shorewood. The territorial waters of the Kingdom extend half-way out into the Milwaukee River, south and west of the national territory. The territorial waters extend into the Talossan Sea (Lake Michigan), a distance of three kilometres eastward. The metropolitan territory also includes the island of Cézembre, off the coast of France. The territory of the Kingdom extends into the atmosphere above the land and water territory. This territory is sacred and inviolable. It shall not be ceded, reduced or broken up. This territory is claimed, occupied and administered by right of history and shall never be abandoned.
Section 4
Any lands or islands that are formed or that may appear in Talossa's territorial waters, in whole or in part, shall form an irrevocable part of the national territory.
Section 5
The capital of the Kingdom is Abbavilla.
Section 6
The sole historic and national language of the entire Talossan people is the Talossan language (el glheþ Talossán). The Cosâ and Government may make provision to conduct their affairs in such language as they shall determine. The National Language shall be protected, defended and developed by the Comità për l'Útzil del Glheþ, which is a private council subject to its own rules, under law.
Section 7
The National Flag of Talossa is the green and red horizontal bicolour, as adopted on 2 March 1981. The green stands for the Monarchy and its magnanimity; the red for the people and their tenacity. The flag is to be flown inverted during times of declared war.
Section 8
The Coat of Arms of Talossa shall exist in two forms: the Lesser State Arms and the Greater State Arms. The Lesser State Arms is thus blazoned: "Argent the Chinese Character 'Ben' meaning energetic Sable. Surrounding the Escutcheon an Annulet Azure fimbriated Or bearing the words 'Regipäts Talossán Kingdom * 26.12.1979 *' Or. For the Crest a Royal Crown Proper." The Greater State Arms consists of the Lesser State Arms with the following supporters and base: "Two Talossan Squirrels Proper standing upon a Ribbon Argent fimbriated at the chief Vert and at the base Gules bearing the motto 'Miehen Huone on Hänen Valtakuntasna'". Either form of the Coat of Arms of Talossa may be used for official and patriotic purposes.
Section 9
The National Anthem of Talossa is "Chirluschâ àl Glheþ." Its English translation, "Stand Tall, Talossans," shall have equal legal status. Words and music shall be determined by law. The patriotic songs "Tusk" by Fleetwood Mac and "Ein Feierlichgesang"/"Dallas Pätsilor" by John A. Jahn shall have constitutional status as patriotic songs. The Government shall take steps to promote, celebrate, and preserve Talossa's indigenous musical heritage.
Section 10
The National Motto of Talossa is "Miehen Huone on Hänen Valtakuntansa," translated "A Man's Room is his Kingdom."
Article III: The King
Section 1
The Kingdom of Talossa is a constitutional, hereditary Monarchy with a King (or, if female, Queen) as its head of State. The Heir to the Throne shall be styled Prince (or, if female, Princess) of Prospect.
Section 2
The King is the symbolic head of the nation. The nation democratically grants the King and his successors certain Royal Powers: The right to declare national holidays, grant titles of nobility, make the annual Speech From the Throne on the 26th of December (or at other times when events warrant), to veto bills (or Prime Dictates), to issue Writs of Dissolution and Warrants of Prorogation for the Cosâ, to grant pardons and commute sentences, to confer awards and decorations, to appoint the Seneschál after elections, and to appoint Governors of Territories upon the advice of the Seneschál.
Section 3
The historic and official title of the King of Talossa is: "__________ (name), by the Grace of God, King of Talossa and of all its Realms and Regions, King of Cézembre, Sovereign Lord and Protector of Pengöpäts and the New Falklands, Defender of the Faith, Leader of the Armed Forces, Viceroy of Hoxha and Vicar of Atatürk, Founder of the Great Nation of Talossa." The title shall, along with the Royal dignity, pass to the King's successors. However, because the nation itself owes its existence to His Majesty, Robert I, King of Talossa, the phrase "Founder of the Great Nation of Talossa" shall not pass but shall appertain solely to His Majesty King Robert I.
Section 4
The Throne shall be inherited by the descendants of His Majesty, John I, King of Talossa. The present Royal Family is styled El Ca Lupul (The House and Dynasty of Lupul). Should the King at any time renounce or lose his citizenship, that renunciation or loss shall be deemed to imply his abdication of the Throne. Upon the demise, abdication, or removal from the Throne of any King, the Crown shall pass to his next heir; but if the King has no heir, the Crown shall pass to the next heir of the previous King, or (if he in turn has no heir) to the next heir of the next previous King before him, and so on, back to King John.
For the purpose of determining who is the King's next heir, each person shall be followed in the line of succession by his natural legitimate children (whether born or unborn at the time of the King's death) in order of their birth (each followed by their own descendants).
Section 5
If the Crown should pass to any person who does not wish at that juncture to become King, who cannot legally be King, who is suspended from the line of succession, who is not a citizen of Talossa, or who has previously been King and has abdicated the Throne, it shall instead pass to the next person after him in the line of succession.
Section 6
The Ziu may, by a resolution of two thirds of each House, not subject to veto, suspend any person from his place in the line of succession, and may, by a resolution of a majority of either House, not subject to veto, remove such a suspension and restore the suspended person to his place.
Section 7
In dire circumstances, when the King is judged by competent medical authority to be incapable of executing his duties, or if he is convicted by the Talossan Uppermost Cort of violation of the Organic Law, treason, bribery, nonfeasance endangering the safety, order or good government of the Kingdom, or other high crimes, the nation may remove the King from the Throne. The Cosâ shall pronounce by a two-thirds vote, with the approval of the Senäts, that the King is to be deposed, and this pronouncement shall immediately be transmitted to the people for their verdict in a referendum. If a two-thirds majority of the people concur, the King is considered deposed and the succession occurs according to 3.4, above.
Section 8
From time to time, a Regent (or a Council of Regency, which is considered equivalent to a Regent) may be appointed, who shall administer the government in the name of the King, and exercise all powers Organically or legally vested in the King, except the power to appoint or replace a Regent. A King who has not attained the age of eighteen years, which age is declared to be the legal majority of the Sovereign, may exercise his royal powers only through a Regent. No person not a citizen of Talossa shall be competent to serve as Regent or member of a Council of Regency.
Section 9
The King may, at whim, appoint, replace, or remove a Regent, and may, by his last Will and Testament, appoint a Regent to serve during the minority of his successor. During the minority of the King, the Ziu may by law appoint a Regent. The Ziu may by law remove or replace any appointed Regent, and if the Ziu remove a Regent appointed by the King .at whim., the King may not reappoint the same person Regent without the prior consent of the Ziu.
Section 10
During the minority of the King, if the Regency for any reason be vacant, the Uppermost Cort shall be a Council of Regency.
Section 11
If on the death or abdication of the King there be no person entitled to succeed to the Throne, the Uppermost Cort shall be a Council of Regency pending the election of a new King, and the Ziu may, by a vote of two-thirds in each House, elect a King, who shall succeed to the Throne immediately upon ratification of his election by a majority of the people in a referendum to be held for that sole purpose.
Section 12
Among the first acts of his reign the King shall name a Privy Council (Sabôr, in Talossan) consisting of several Privy Councillors (called Guaïrs in Talossan) with whom he shall consult whenever possible on all matters of grave importance to the Kingdom, and whose duty shall be to offer the King the benefit of their individual and collective wisdom and advice. The King shall take care to include in this council those citizens with the longest and deepest connections to the ongoing historical life of the Kingdom, in particular those who are personally familiar with the homeland itself. Should at any time they deem it wise or necessary to do so, Privy Councillors .acting alone or in concert with fellow councillors . may publicly issue a "Letter to the King" about any matter of grave importance to the Kingdom. The Privy Councillors shall serve at the pleasure of the King. Privy Councillors shall be entitled to add the honorific initials "GST" to their signatures, for "Guaïr del Sabôr Talossán."
Article IV: Election to the Senäts
Section 1
The Senäts, or in English the Senate, is the national legislative council and the upper house of the Ziu, and shall be composed of one Senator elected from each province.
Section 2
Elections for the filling of places in the Senäts shall be conducted simultaneously with general elections to the Cosa.
Section 3
Each time the Cosa shall be dissolved, there shall be an election for one-third of the total Senate seats (rounded to the nearest whole number). The exact fixed order of rotation of provinces for elections shall be set by law and shall require two-thirds vote in the Cosa with approval by the King and the Senäts to be modified.
Section 4
Except as otherwise provided in the Organic Law, any Talossan who may vote may only be elected or appointed to the Senäts for his or her own province. No Senator, even though elected or appointed to the Senäts, may actually vote his seat until he has been a citizen for one year, or served for six months as Secretary of State or Prime Minister, or received an order of knighthood from the King. No person may simultaneously hold more than one seat in the Senäts. (47RZ32)
Section 5
[1]
Section 6
Any Senatorial election conducted by the Chancery shall be conducted according to the provisions given in Section 6 of Article VII concerning election to the Cosa, and utilize Ranked Choice Voting. In case of a tie between two or more candidates, the executive officer of the province shall select one of those candidates to be the Senator. (49RZ26)
Section 7
Unless a province explicitly requests that Chancery conduct the election to the Senate seat for that province, the province shall be responsible for doing so, and shall certify to the Chancery that the result represents the will of the people.
Section 8
If a voter returns more than one vote, the first one cast is counted and the others are ignored. If a voter initially forgets to vote in the Senate, the voter may, until the Election Deadline, still cast a vote for the Senate. (47RZ33)
Section 9
When the Election Deadline has passed, a final tally of votes is publicly announced. Any votes arriving after the Deadline, even if they were posted before the Deadline, are null and void.
Section 10
If a Senator vacates his or her seat before the end of the term, the executive of the province shall appoint a Senator to sit until the next General Election or the next provincial election in that province, whichever is sooner, at which time the people of the province shall elect a Senator to serve the remainder of the term. If the provincial executive fails to appoint a Senator within a fortnight of the vacancy, the King or his Cunstavál shall appoint the Senator.
Section 11
Senators may be removed from office by the Uppermost Cort, for criminal activity or for mis-, mal-, or non-feasance.
Section 12
The Senate may impeach any of its members from the Chamber with a 2/3-majority vote. Following impeachment, a vote must be held within a fortnight within the home province for the duration of a fortnight with the issue of expulsion by a simple majority of participating voters. If the province votes in the affirmative for expulsion, the Senator will lose his seat immediately at the close of the polls and the outline for a new Senator in Article IV, 4.10 of the Organic Law will be invoked. If the province votes down expulsion, the impeachment charges will be dropped. Following a failed expulsion, the accused Senator may not again be tried for the same offence, pursuant to OrgLaw XIX.7. The former Senator is not barred from running for office in future elections as long as the former Senator maintains citizenship.
Article V: Composition of the Senäts
Section 1
There shall be one Senator from each Province.
Section 2
No senator shall never be required to vacate his place during his term of service, due to a change in the qualifications of Senators.
Section 3
The King shall not under any circumstances be eligible to be elected or appointed to a place in the Senäts, and shall never be allowed to enter the Senäts, unless he is cited to testify in a Senate commission.
Section 4
(Repealed by amendment)
Section 5
A Senator vacates his seats if he fails to vote on two consecutive Clarks, or if he resigns from office, loses his citizenship or dies.
Section 6
The Senäts shall have equal powers with the Cosâ in respect of all proposed laws except that:
- bills appropriating revenue or moneys shall not originate in the Senäts:
- the Government shall require the confidence of the Cosâ only, to remain in office.
In the event of the Senäts twice rejecting a bill appropriating revenue or moneys, the King may call a joint sitting of both houses of the Ziu which shall vote on the bill as one body. In voting in the joint sitting each member of the Ziu shall vote only once. The bill shall be passed in the joint sitting if it receives the support of a majority of members of the Ziu. If the votes are equal, the bill shall not have passed. If the bill appropriating revenue or moneys is not passed in the joint sitting, the Cosâ shall be dissolved by the King and go to a general election. Bills for the imposition or appropriation of fines or other monetary penalties, or for the demand or payment or appropriation of fees for licences or services, shall not be taken to appropriate revenue or moneys.
Section 7
The Senäts may also create Senatorial commissions according to guidelines which are to be defined by law.
Section 8
The Senäts shall, after every general election of a senator, choose one of its members to be the President of the Senäts to be called the Mençéi, or in English the Lord President; and as often as the office of Mençéi becomes vacant the Senäts shall again choose a senator to be the Mençéi. The Mençéi shall cease to hold office if he ceases to be a senator. The Mençéi may be removed from office by a vote of the Senäts, or he may resign his office or seat by writing addressed to the King, or by public declaration.
Section 9
Before or during any absence of the Mençéi, the Senäts may choose a senator to perform the duties of the Mençéi during such absence.
Section 10
Questions arising in the Senäts shall be determined by a majority of votes, and each senator shall have one vote. The Mençéi shall in all cases be entitled to vote; and when the votes are equal the question shall not have passed. Bills creating new provinces or changing the number of provinces in any way require two-thirds of the Senäts.
Article VI: Political Parties
Section 1
Political parties may operate under rules of their own design. Each party must also abide by the appropriate principles herein enacted in this Organic Law.
Section 2
Only fully "registered" political parties may obtain seats in the Cosâ. Parties which win votes but are not fully registered may not assume their seats in the Cosâ until they are fully registered. (47RZ38)
Section 3
To be fully registered, a party needs to both file an application to the chancery and pay any fees for registration as set by law. This fee shall be uniform for all parties. (47RZ38)
Section 4
To file an application, the leader of a party needs to submit to the Chancery at least 24 hours prior to Ballot day the following documentation:
- The full party name
- The party initials as defined by law the voters will use to vote
- A 50-words or less statement of the general aims and views of the party
- The name of the party leader(s)
Upon filing an application, the party is “filed” or “pre-registered” and can be printed on the Ballot as one of the choices, regardless of status of payment. At this moment or at any point before Ballot day, the leader of the party may also submit to the Chancery the following documentation for possible display on the ballot:
- The URL of a party platform
- A candidate list for seats (47RZ38)
Article VII: Elections to the Cosâ
Section 1
The Cosâ is the national legislative assembly and is elected by universal popular vote by all adult citizens (age 14 and over).
Section 2
The Cosâ shall be the sole body elected by the whole of the nation. It shall be elected by universal ballot after each dissolution.
Section 3
All elections to the Cosa are to be conducted during a period beginning from the fifteenth day of the calendar month following the dissolution of the prior Cosa until 11:59 p.m. on the fourteenth day of the subsequent month. All ballots must be cast by 7:30 p.m. on the first day of the subsequent month. The first day of this period is called “Balloting Day”, the first day of the subsequent month is called the “Election Deadline”, and the final day of the period is called the “Certification Deadline.” (50RZ15)
Section 4
The Secretary of State shall, along with an Electoral Commission, certify each election to the Cosa, including any additional ballot items, pursuant to rules, regulations, and deadlines as prescribed by the Ziu; notwithstanding that any such certification must be made following the Election Deadline and prior to the Certification Deadline, unless an order be issued by a court of competent jurisdiction to stay the Certification Deadline. (50RZ15)
Section 5
During the election period as defined in this article, the Secretary of State shall in every particular conduct the election according to the election laws in such a manner which affords to every citizen the opportunity to cast a vote for the party of his choice, affords every citizen the opportunity the choice to vote either publicly or privately, and does not discriminate against any party or individual in the collection or tallying of votes. The Secretary of State shall make public the exact procedures by which he will comply with election law, subject to certification by an Electoral Commission as prescribed by law. (50RZ15)
Section 6
When the Election Deadline has passed, a tally of votes is publicly announced. Any votes cast after the Election Deadline, are null and void. Furthermore, if a voter returns mor than one vote at any time during the election period, the first one cast is counted and the others are ignored. (50RZ15)
Section 7
[2]
Section 8
[3]
Section 9
[4]
Section 10
In the case of vacant seats occurring between elections, the Secretary of State shall inform the King and the leader of whatever party held the vacant seat. The King shall appoint a replacement to each vacancy. If the seat belonged to a party with a functioning party leader, the King must appoint as a replacement whichever person shall be so designated by that party's leader. If there is no functioning party leader, or if the party leader refuses to designate a replacement, the King shall appoint the replacement according to his own best judgement.
Article VIII: Composition of the Cosâ
Section 1
The Cosâ is composed of 200 seats, apportioned among political parties based on their performance in the General Election.
Section 2
Based on the final vote tally, the Secretary of State shall calculate the apportionment of seats among the parties. Each party shall receive a percentage of the seats as equal as possible to its percentage of the popular vote.
Each party shall receive a whole number of seats in the final tally. In the event of a single seat being divided among two or more parties mathematically, the party with the highest number of total votes will be used, and in case of a tie, percentile dice will be used to determine a single owner for the divided seat, with chances proportional to the percentage of the vote received.
The Secretary of State shall employ whatever mathematical formulae and calculations in the apportionment of seats, as will best reflect the intentions of this Act. The Uppermost Cort shall be the final judge in case of mathematical disputes.
Section 3
Each party shall assign its seats to such individuals as it sees fit, subject to regulations regarding the reporting of such individuals prior to elections set forth by law, provided that each such individual is eligible to serve in the Cosa under this article and is assigned a whole number of seats. The Ziu may by law establish a maximum number of seats that any one Member of the Cosa may hold by law, but the minimum number of Members of the Cosa shall be no less than the number of Senators, and the same limit shall apply to all Members of the Cosa, and any changes to the limit shall take effect no earlier than the distribution of seats after the next General Election. (49RZ23)
Section 4
Each person holding one or more seats is a representative known as a "Member of the Cosa" (MC). MCs may not be removed from office except by a two-thirds vote by the Cosâ and approval by the King. An MC vacates his seats if he fails to vote on two consecutive Clarks, or if he resigns from office or dies. Any seats left unassigned at the end of the first Clark of the government are considered vacant.
Section 5
Each MC may represent, for ceremonial purposes, a particular geographical "constituency." The exact procedure will be determined by law. (47RZ37)
Section 6
Except as otherwise provided by law, anyone eligible to vote in Talossa is eligible to hold any governmental position, including Member of the Cosâ. However, neither a reigning King, nor his Consort, nor a Regent during his regency, nor the Secretary of State shall hold any seats, either in the Cosâ or in the Senäts, nor shall any Senator hold any seats in the Cosa. But if a member of the Ziu is appointed Regent, and does not wish to resign his or her seats, a temporary replacement shall be appointed who shall occupy the Regent's seats until he or she is no longer Regent or his or her term of occupation of those seats expires. The method of appointing the temporary holder of the Regent's seats shall be specified in law. (47RZ31)
Article IX: The Secretary of State, the Hopper, and the Clark
Section 1
The Secretary of State shall be appointed and dismissed as specified by law, and he or she shall supervise, and shall organise the legislative business of the Ziu. He or she shall do this by administering a public venue for the inspection of legislative proposals before they become bills, “The Hopper” and by compiling and publishing the monthly legislative journal, “The Clark”. The Secretary of State has the right to appoint deputies. Responsibilities, appointment, and dismissal of deputies shall be governed by law. (49RZ22)
Section 2
Any Member of the Cosă, or a Senator, or the King, or the Secretary of State, shall have the right to submit legislative proposals, and bills to the Secretary of State for consideration by the Ziu according to the procedures specified in this article, and specified by law. Within the bounds and rules imposed by law, tradition, and reason, the Secretary of State shall ensure that all legislators be allowed to submit their bills for consideration. (47RZ31, 49RZ22)
Section 3
All bills received by the Secretary of State during one calendar month shall be compiled into a published legislative journal, to be called “The Clark”. The Clark shall be compiled prior to the first day of the following month, and shall be published on that day.
Section 4
At his discretion, the Prime Minister shall have the right to withdraw any legislative proposal from “The Hopper”, and instruct the Secretary of State to treat it as a properly submitted bill. Prime Dictates are exempt from all provisions relating unto legislative proposals.
Section 5
If any bill seeks to amend, change, or repeal any Article of the Organic Law or any Law, the bill must specify exactly the Law(s) or Article(s), which it seeks to amend, change, or repeal. The Secretary of State may refuse to accept bills that do not comply with this provision.
Article X: Passing Legislation
Section 1
The Ziu is the only body authorized to consider and enact legislation binding upon the entire nation. The Ziu is composed of the King, the Senäts, and the Cosâ.
Section 2
The legislative business of the Ziu is supervised by the Secretary of State. At the start of every month the Secretary of State shall make a copy of the most recent Clark available to all the members of the Cosâ (MCs) and senators. Every MC and senator shall vote on every bill in every Clark (by post, telephone, or electronic device), and MCs and senators will have until the end of business on the twenty-first day of the calendar month to submit their votes to the Secretary of State.
Section 3
An MC and senator must vote "për" (to a bill he approves), "contrâ" (to a bill he disapproves), or "austanéu" (for an abstention) on every bill. An MC's or senator's votes must be cast on time in order to be valid.
Section 4
After the close of Ziu business, the Secretary will make known to the press as soon as possible the results of the votes. The next Clark will publish a list of who voted for what bill, and which bills won or lost, and by how much.
Section 5
Except where otherwise provided in this Organic Law any bill which receives more "për" votes than "contrâ" votes in the Cosâ and the Senäts is considered to have been adopted by the Ziu. All other bills are considered to have been rejected. Any bill adopted by the Ziu is sent at once to the King for his assent.
Section 6
Every bill which passes the Ziu shall be presented to the King before it comes into effect. The King may sign such a Bill, in which case it shall immediately enter into effect and become law; or he may veto the Bill, in which case it shall be returned, with his objections, to the Ziu, which shall reconsider it in the next Clark. If, after such reconsideration, two-thirds of the Cosă agree to pass the bill, or the part of the bill objected to, with the approval of the Senäts, it shall become a law over the objection of the King. If a bill vetoed by the King in a certain term of the Cosă is passed by a simple majority of the Cosă and the Senäts in the subsequent term of the Cosă, the bill shall become law over the King’s objections, and cannot be vetoed. If the King neither signs nor vetoes a Bill before the last day of the month in which it was passed by the Ziu, he shall be deemed to have signed it.
Section 7
Except where otherwise provided in this Organic Law, when determining the outcome of a vote in either house of the Ziu, "austanéu" votes will not be counted.
Section 8
The Ziu is prohibited from passing ex post facto laws and Bills of Attainder, or from concluding military capitulations or surrenders.
Article XI: The Seneschál
Section 1
The head of the Government, or Prime Minister, shall be called, and is in this Organic Law referred to as, the Seneschál, or "PM." Any Talossan is eligible to be Seneschál; however, the King of Talossa may never be Seneschál.
Section 2
The King appoints the Seneschal. If a single party occupies a majority of the seats in the Cosâ, the King shall choose as PM whichever individual shall be designated by that party. If no single party has a majority, the King shall appoint a Seneschál after consulting party leaders with the objective of finding a PM who can be sustained in subsequent Votes of Confidence by a majority of seats in the Cosâ. The King must appoint a new Seneschál or announce the continuation of the incumbent in office within one month of the end of elections, or, if after one month no candidate can be appointed with the support of a Cosa majority, dissolve the Cosa after the first Clark and call for new elections.
Section 3
The Seneschál shall be sworn in by reciting the historic Oath of Office in the Talossan language, if possible in the presence of a copy of the historic book, The Loom of Language. He shall raise his right hand and take the Oath verbally in the presence of the King or a member of the Uppermost Cort, either in person or over the phone. In place of reciting the entire Oath he may simply affirm by the word 'üc' his intention to abide by its terms. The historic Oath of Office is as follows:
"Eu afirm, solenâmînt, që eu, [nôminâ], cün fidálità, rompliarhéu l'ôifisch da Sieu Maxhestà së Seneschál del Regipäts Talossán, és zefençarhéu, àl miglhôr da v'aválità, la sigürità del Estat Talossán. Så viva el Regeu!" (Translation: I do solemnly affirm that I, [name], will faithfully execute the office of His Majesty's First Minister of the Kingdom of Talossa, and will to the best of my ability defend the integrity of the Talossan State. Long live the King!)
Section 4
The Seneschal has State duties. He may advise the King to dissolve the Cosa and to appoint and remove members of the Cabinet. His advice to the King on these matters may not be refused. The Seneschal may issues Speeches to the Nation in writing, declare war pending the approval of the Cosa, write treaties pending the approval of the Cosa, expedite the Ziu's consideration of legislation, and issue Prime Dictates.
Section 5
Prime Dictates (PD's) are public declarations which affect government policy and have the force of law. They take effect upon their countersignature by the King, function as laws for all purposes, with such exceptions and subject to such conditions as the Ziu may enact by statute. If a Prime Dictate is vetoed by the King, the Cosâ may introduce the text of the PD as a regular bill and, if it receives two-thirds of the vote, it becomes law over the King's objection. A PD may never be used to amend the Organic Law. PD's shall be published at the earliest possible opportunity in the Clark
Section 6
Should a petition supported by members of the Cosa holding more than half the seats therein be presented to the Crown instructing the King to replace the Seneschal, the King shall accede to the petition, and shall replace the Seneschal with any specific person named in the petition, or, lacking any specific recommendation for a successor, with any person who the Crown believes will command the confidence of the Cosa.
Article XII: The Government (Cabinet)
Section 1
The King appoints and dismisses members of the Government (Cabinet), and their subordinates, on the advice of the Seneschál. The Government consists of the Seneschál, the Distáin, the Foreign Minister, Defence Minister, Immigration Minister, and Minister of Stuff. Various other ministries may also be appointed as the Seneschál sees fit.
Section 2
Cabinet Ministers are responsible to the Seneschál, whom they advise and from whom they receive direction, and exercise state power with his consent.
Section 3
The Foreign Minister shall be in charge of all official correspondence between the Kingdom and foreign powers.
Section 4
The Defence Minister shall be in charge of the armed and moral forces of the Kingdom during peacetime and during times of declared war. During the latter periods, he is to be referred to as "War Minister."
Section 5
The Immigration Minister shall supervise the immigration of new citizens into Talossa, in consultation with the Uppermost Cort.
Section 6
The Minister of Stuff shall prepare, at the behest of the Cosâ, the Seneschál, or on his own initiative, informative texts about the Kingdom of Talossa.
Section 7
Beyond these general guidelines, the duties of Ministers will be set by tradition and expediency.
Section 8
The King shall appoint a member of the Government to be Distáin (Deputy Prime Minister) on the advice of the Seneschál. The Distain shall act in place of the Seneschal in the event of the latter's death, resignation, absence, or disability, until a new Seneschal shall be appointed. The Ziu may by law establish procedures for determining the absence or disability of the Seneschal.
Article XIII: Duration of the Cosâ and the Government
Section 1
Duration of the Cosâ. The Cosâ convenes on the first day of the month after general elections, to coincide with the publication of the first Clark. Its term is roughly six months, each month coinciding with a Clark. During its last month the King shall issue a Writ of Dissolution ending its term. At the time the Cosâ is dissolved, all its members shall resign, but any Members holding positions in the Government may remain in those positions till the outcome of the election is resolved. (47RZ37)
Section 2
Warrant of Prorogation. At any time after elections, but before the first Clark of the new Cosâ has been published, the King may issue a Warrant of Prorogation on the advice of the incoming Seneschál. Such a Warrant quashes the publication of the first Clark of the new Cosâ and allows the Seneschál one further month in which to form a government or prepare his government's legislative agenda. If a Warrant of Prorogation is issued, the incoming government loses one month of its six-month term, and may only issue and vote on a maximum of five Clarks before new elections are called.
Section 3
The Seneschál may insert between any two Clarks, or after the final Clark, a "month of recess" in which no Clark is published and no Cosâ or Senäts business is conducted. No more than one "month of recess" may be declared during any one term of office.
Section 4
Early Dissolution of the Cosâ. The King may issue Writs of Dissolution to dissolve the Cosâ before its term has expired. The Seneschal may appeal for such a Writ of Dissolution, and if the appeal is presented accompanied by the explicit support of members of the Cosa representing a majority of seats therein, the King shall dissolve the Cosa effective immediately or, should the Cosa be in session, upon its next recess. If the appeal lacks such an explicit expression of support from a majority of the Cosa, the King shall not act on the appeal for a period of three days following its receipt, and shall then accede to the appeal but only if the Crown has not been presented during that time with a petition, supported by members of the Cosa representing more than half the seats therein, praying that the Cosa be not dissolved. A Writ, once issued, takes effect only at the end of the month in which it was issued, and may be rescinded before it has taken effect. If there is a Clark being voted on that month, all voting on that Clark may be completed before the Writ takes effect. The effect of a Writ of Dissolution is to dissolve the Cosâ and to call new elections.
Section 5
Duration of the Government. Members of the Government take office when appointed by the King and leave office when dismissed by the King. Such appointments and dismissals are regulated elsewhere in this Organic Law.
Section 6
Vote of Confidence. The Clark must contain, in every edition, a Vote of Confidence. This reads as follows: "Do you wish the current Government to continue in its term of office?" Each MC must answer this question in his Clark ballot every month, either with a "yes" or a "no." If at the end of any month the "no" vote outnumbers the "yes" vote, the King shall dissolve the Cosâ and call new elections.
Article XIV: Living Cosâ
Section 1
The Cosâ may hold Living Cosâs (live parliamentary meetings) by law. To do so, a bill must be presented to the Cosâ naming the specific month in which the event is to take place, and pass the Cosâ by a two-thirds vote.
Section 2
The exact date and location of the Living Cosâ shall be set by the Seneschál after consultation with all relevant parties. All members must receive two weeks notice of the date of the Living Cosâ, and an honest attempt must be made beforehand to schedule a date for the meeting that as many MCs as possible can attend.
Section 3
The Seneschál may, if events warrant, issue a PD authorizing a Living Cosâ in the following calendar month. Such a PD may be vetoed (in addition to normal means) by a formal protest to the Secretary of State by Members of the Cosâ comprising one-third or greater the number of elected seats in the Cosâ. When setting the date of the Living Cosâ by PD in this fashion, the Seneschál must abide by the conditions set down in the preceding Section.
Section 4
Members who cannot attend will not be denied the right to vote on that month's Clark. They may send their votes to the Secretary of State by any means feasible, so that they can be announced at the Living Cosâ. A member may, in writing, delegate his authority to vote (temporarily transfer his seats) to another person who can attend the Living Cosâ, but no individual may hold more than thirty seats, counting both proxy and permanently assigned seats, for purposes of the Living Cosâ. The Ziu may provide by law for quorum requirements, and for attendance via telephone, videoconference, or other remote means.
Section 5
Votes presented to the Secretary of State after the Living Cosâ will not be counted in the final tally. The final tally of votes on all bills is taken at the end of the Living Cosâ. This article takes precedence over any other provision to the contrary.
Section 6
New bills, or amendments, may not be presented at the Living Cosâ. No bill not published in the Clark may be debated. Clarks will be published on schedule as usual.
Section 7
Senators shall be permitted to participate in Living Cosâ debates on the same terms as MCs, but may not delegate or exercise proxy votes. During a Living Cosâ month, the Senäts shall vote normally (as specified in 14.2 of Article IX), except that senators must submit their votes to the Secretary of State by the time of the final tally specified in 14.5 above.
Article XV: Amendments to the Organic Law
Section 1
The Organic Law may be amended by the Ziu and the people in accordance with the provisions of this article.
Section 2
Amendments to the Organic Law may be proposed by two-thirds of the Cosa with approval of the Senäts. Approval of the Senäts shall be by simple majority, except that amendments to this article, amendments to the articles regarding election to and composition of the Senäts, and amendments to the article regarding territorial subdivisions require approval of two-thirds of the Senäts.
Section 3
The King shall assent to amendments proposed by the Cosa and Senäts unless he returns them with his objections within thirty days of their proposal, or within fifteen days in the case of amendments passed on the last Clark of a Cosa term. The King shall not refuse assent if the identical amendment is approved by three-quarters of the same Cosa with an absolute majority of the Senäts, or by two-thirds of the following Cosa with a simple majority of the Senäts.
Section 4
After approval by the Ziu in accordance with the preceding sections, a proposed amendment shall be submitted to the people in a referendum. If the King objected to the proposed amendment under the preceding section, a statement of his objections not exceeding one hundred and fifty words shall be provided to the people along with the proposed amendment. The amendment shall take effect, and the King shall promulgate the amendment as part of this Organic Law, if it is approved by a majority of voters participating in a referendum on the question of the amendment no later than during the next scheduled general election following the approval of the Ziu, except as provided in the following sections.
Section 5
Proposed changes to this Organic Law that affect the representation of a province in the Senäts, or of the territory or equal sovereignty of a province, shall not be promulgated unless approved by a majority of participating voters in that province.
Section 6
The Covenants of Rights and Freedoms, being sacred and necessary to the defence of our free society, are entrenched provisions of this Organic Law. No amendment to the Covenants shall be promulgated unless approved by a two-thirds majority of voters participating in the referendum on the question of the amendment.
Article XVI: The Courts
Section 1
The judicial power of Talossa shall be vested in one Cort pü Inalt, in English the Uppermost Cort, and in such inferior courts as the Cosâ may from time to time establish. The judges of the Cort pü Inalt and any inferior courts shall be elected in accordance with Article XVI, Section 4, and shall hold their offices for life (or until resignation), and may be removed by either a two-thirds vote in the Cosâ with approval by the King and the Senäts or due to inactivity as defined by failure to act, rule, or appear in an open case the justice is assigned to or participating in for more than 60 days, as certified by the Ziu in a majority vote. (47RZ39)
Section 2
(a) The Cort pü Inalt shall consist of five Justices.
(b) Any justice may serve as a trial judge in any case brought before the judiciary.
(c) Appeals to any trial judge rulings shall be heard by a quorum of three Justices (or by a single justice as described in Article XVI Section 8). The original trial judge may serve on the appeals panel if no other justice is available to fill a quorum.
(d) The five members of the Cort pü Inalt are co-equal for all purposes. However, the Justice which has served on the Cort pü Inalt for the longest overall period of time is designated ceremonially as "Senior Justice."
Section 3
Neither a reigning King nor his Consort, nor a Regent during his regency, nor the Secretary of State, nor the Seneschal, nor any public prosecutor, nor any Senator shall be a Justice of the Cort pü Inalt.
Section 4
(a)In the event of a vacancy in the Cort pü Inalt, any member of the Ziu may nominate a replacement. The nominee shall be approved by a two-thirds vote in the Cosâ and a majority vote in the Senäts in favour of his appointment. Upon such approval and upon making the declaration subscribed in subsection (b), the King shall appoint the nominee as a Justice of the Cort pü Inalt and he shall then take his seat for life. The King may, stating his reasons for doing so, refuse to appoint the nominee, in which case the Ziu shall re-consider the nominee or nominate a new nominee. If after reconsideration of the nominee, two-thirds of the Cosâ and a majority of the Senäts have approved the nomination, then the King may not refuse to appoint the nominee as a Justice of the Cort pü Inalt. (b) Every person appointed a justice shall publically make to the Citizens of Talossa and subscribe to the following declaration:
"I, [NAME], do solemnly, sincerely and truly affirm and declare that I will duly, faithfully and to the best of my knowledge and ability execute the office of [Justice of El Cort pü Inalt] without fear or favour, affection or ill will towards any man, woman or child and that I will uphold the Organic Law and the laws of the Kingdom of Talossa. This I do solemnly affirm." (c) The declaration in subsection (b) shall be made and subscribed by every justice before entering upon his duties as such justice, and in any case not later than ten days after the date of his appointment. Any justice who declines or neglects to make such declaration as aforesaid, within this timeframe, shall be deemed to have resigned his office.
Section 5
Where there is an exact precedent, a court shall rule according to law. Where there is no exact precedent, a court will make a rule to fit the case, either by reinterpreting an old rule (statutory or otherwise) or by applying what it considers principles of justice, consistent with the Covenants of Rights and Freedoms. The courts shall render their decisions with due regard to the original intent of any law being clarified, as defined by the law's author(s). In the event of a difference in interpretation as to the meaning of a law, the court shall render an official interpretation with full respect to the Covenants of Rights and Freedoms. If one of the judges wrote the law, he does not have to step down and designate a temporary replacement.
Section 6
The courts shall consent to hear no case until presented with written evidence by the Prosecution proving to a majority of court members that a reasonable chance of obtaining a conviction actually exists. The courts, by majority vote, may refuse to hear any case, in effect confirming the defendant's (or status quo) position. The Uppermost Cort must supply any plaintiff whose case it refuses to hear a written justification of such refusal. Because of double jeopardy, a case dismissed may not be brought again.
Section 7
If a judge or Justice is a party in a court case, he shall exempt himself from the bench for the duration of the case, and nominate a temporary replacement, who will be approved by the other judges or Justices of the court.
Section 8
No court shall issue any authoritative decision without the fullest opportunity for all members assigned to a case to consider the case in question. However, a single Justice of the Uppermost Cort may hear a case on his own if this is acceptable to at least two other members of the Cort. He shall be appointed to do so by majority vote of the entire five-person Cort. If, after every reasonable attempt is made to contact all other members of the Cort, and three weeks (21 days) has passed since initial contact without any response, their silence shall be read as consent that an individual Justice may hear the case in question on his own. The duly nominated (either by active agreement or silence) Justice shall render a decision on the case as if he were a majority of the whole Cort. His decision becomes that of the Cort itself and may not be appealed nor shall it establish binding precedent in future cases.
Section 9
In the event that a court discovers unclear or confusing language in the Organic Law or in any law, the court may as part of its written decision call upon the Ziu, or if relevant, the Provincial legislature to revise the law. Until such confusion is resolved, the court shall rule according to the most just and equitable understanding of the law, according to the plain meaning of the words, or if such words have acquired a technical meaning at law, according to the technical meaning.
Section 10
The Cort shall try persons for all offences under law, such as a person doing something he should not, or not doing something he should. The Cort shall inflict such punishment as the law provides.
Section 11
Cort decisions (and dissents) will be written up in the Clark if the authors want them to, with due regard to brevity.
Section 12
The courts shall have power to enforce penalties against violators, commensurate with the severity of the crime. The Uppermost Cort may in certain extreme circumstances impose the penalty of expulsion from the country, by a unanimous vote. Sentences may only be overturned by Royal Pardon.
Section 13
Any judge or justice may issue court orders or injunctions according to the generally accepted principles of Anglo-American law. These injunctions may order a party to perform his legal duty, or may prevent the enforcement of a law which may be Inorganic (unconstitutional). Violation of an injunction is treated as contempt of court. The final arbiter of the organicity of injunctions is the Uppermost Cort of Talossa.
Article XVII: Territorial Subdivisions
Section 1
The metropolitan territory of Talossa is subdivided into Cantons (els Cantons) and Provinces. Cantons are defined according to historical borders, but Provinces may, subject to approval by the Ziu, alter these borders, including to create new Cantons. Provinces may also establish such internal subdivisions as they find necessary or convenient for local government. The Canton is the smallest possible territorial subdivision which can be transferred from one Provincial jurisdiction to another.
Section 2
All Talossan citizens shall belong to the Province in which they live. Citizens living outside of Talossa are assigned to a Province by the Ziu at the time of their naturalization by the Ziu, in accordance with the laws in place.
Section 3
No person shall have his assignment to a Province altered without his express consent, even if the Ziu shall see fit to redraw the geographic assignment boundaries. However, a Talossan living in Talossa shall always be assigned to the province in which he lives, even when provincial borders change and his home is thereby "reassigned" to a different province.
Section 4
Territories are Cantons (or groups thereof) which are not self-governing. They are administered by Governors appointed by the King on the advice of the Seneschál and subject to laws of the Ziu;. Pengöpäts Antarctic Territory forms an exception to this rule (see 17.11, below).
Section 5
Provinces are Cantons (or groups thereof) which are self-governing and autonomous. They are administered by constitutional governments elected democratically within the Province. Provincial borders may only be changed by the Ziu with the consent of the Province or Provinces in question.
Section 6
The Ziu shall, subject to this Organic Law, have power to make laws for the peace, welfare, and good government of the Kingdom with respect to:
- The repeal and amendment, subject to this Organic Law, of federal legislation made prior to this Organic Law coming into effect;
- Census and statistics;
- Weights and measures;
- Currency, coinage and legal tender;
- Appropriation, and outlays of the public revenue and moneys of the Kingdom, but so as not to discriminate between Provinces or Territories or parts thereof;
- Copyrights, patents, and trade marks;
- Postal, telegraphic, telephonic, radio, television, internet, and other like services;
- The defence of the Kingdom, and parts thereof;
- The control of the forces to execute and maintain the laws of the Kingdom;
- Corporations formed under the laws of the Kingdom;
- Immigration and emigration, naturalization and aliens;
- Treason and sedition;
- The seat of government of the Kingdom;
- External affairs, including foreign trade, commerce, borders and transportation;
- Matters referred to the Ziu by the government of any Province, but so that the law shall extend only to the Province by whose government the matter is referred, or which afterwards adopts the law;
- Matters incidental to the execution of Federal government, without prejudice to the inherent sovereignty of the Provinces;
- Symbols, flags, heraldry, anthems, cultural events and other like things of the Kingdom of Talossa; but not of the individual Provinces (the Ziu may make exception for the defence of traditional nomenclature or heraldry in place before the adoption of this Organic Law);
- Disputes and relations between Provinces;
- The creation of new Provinces, such that the sovereignty and territory of any extant Province is not altered without the consent of that Province.
Section 7
Where any law of a Province, concerning an area of power outlined in 17.6, is inconsistent with a law of the Kingdom, the Provincial law shall be invalid to the extent of the inconsistency.
Section 8
All powers not vested in the Kingdom by this Organic Law shall be vested exclusively in the Provinces.
Section 9
Each Province shall govern itself in such a manner as to guarantee its citizens the full protection of their rights under this Organic Law. Provincial elections may, if so specified in a Province's constitution, be conducted by the Chancery at the same time as elections to the Cosâ, and in accordance with the national election laws and rules. The King shall appoint a Cunstavál (or Constable) for each Province. Until such time as the King or Cunstavál proclaims a provincial constitution providing otherwise, a Province's Cunstavál shall serve as Military Governor and may exercise all the powers of the provincial government. No Cunstavál shall proclaim any provincial constitution or constitutional amendment which:
- Conflicts with any provision of this Organic Law,
- Grants to the King (and consequently to the Cunstavál as the King's representative in the Province) royal powers less extensive than those granted to the King on the national level, except that the provincial royal powers need not include a right of dissolution if provincial elections are held concurrently with Cosâ elections,
- Fails to provide a right to appeal decisions of the provincial court or courts (if any) to the Cort pü Înalt or such other national courts as may be created by the Ziu, or
(In the case of the adoption of a new constitution, is not approved by a referendum in which at least either a majority of all citizens of the province or a two-thirds majority of votes actually cast is in favor of the constitution.
Section 10
For purposes of this Organic Law, the Isle of Cézembre shall form an inalienable part of the metropolitan territory of the Kingdom. It shall be a single Province, subdivided into two Cantons, separated by the so-called Line of Death as surveyed on 2 July 1986. Both Cantons are Talossan soil, notwithstanding the French military occupation. These Cantons shall bear their traditional names, Zone autorisée and Zone interdite.
Section 11
Talossa's overseas colony, Pengöpäts Antarctic Territory, forms an irrevocable part of the national patrimony and shall never be abandoned. It shall be administered by a Governor appointed for an indefinite period by the King on the advice of the Seneschál.
Section 12
No Township, Parish, Canton, Province, Territory, or other area of Talossan territory may secede from Talossa, nor pass any law contravening any point of this Organic Law unless explicitly permitted to do so herein.
Section 13
No new province shall be constituted after the adoption of this Organic
Law unless said proposed province shall contain within it a working
constitution with an elected government and a citizenry comprising at least
ten persons.
Notwithstanding this section, all provinces shall be guaranteed equal
representation in the Senäts.
Section 14
No person shall be at the same time Cunstavál of one province and the leader of the provincial government of another province.
Article XVIII: Citizenship and Rights
Section 1
Talossan citizenship is only acquired through organic (legal) means. The exact procedure for naturalization shall be determined by law.
Section 2
Residents of Talossan territory who are not Talossan citizens are considered "Cestoûrs" (indigenous persons) and are not entitled to participate in the political process of Talossa.
Section 3
Any foreigner or Cestoûr who feels in his heart that he is Talossan may acquire Talossan citizenship by following the procedures of the citizenship law.
Section 4
The former content of this 18.has been struck from the Organic Law; the numbering of the sections of this article has been preserved.
Section 5
If the Uppermost Cort shall at any subsequent time find any fraud or dishonesty in a Citizen's original application for citizenship, including his statements to the Cort or to Cosâ members, it may impose the penalty of expulsion from Talossa. The King may commute such a sentence. (49RZ29)
Section 6
Any person, whose citizenship is denied, may reapply by undergoing the entire procedure (minus any successfully completed portions) following the next general election.
Section 7
Children born after 1 January 1989/X, one (or both) of whose biological or adoptive parents is a Talossan citizen at the time of the birth, are native-born Talossan citizens ("Dandelions") and shall automatically have full voting rights when they register themselves with the Minister of Immigration on or after their 14th birthday. Notification shall consist of writing a "What Talossa Means to Me" Essay.
Section 8
Talossan citizens may live within the country or abroad. This distinction does not affect their legal standing or their civil or political rights.
Section 9
Talossans may voluntarily renounce their own citizenship. This may be done by publicly issuing a written Declaration of Renunciation. It shall take immediate effect upon its acknowledgement by the Secretary of State through issuance of a Writ of Termination of Citizenship, which shall be published under the seal of the Chancery.
Section 10
Any citizen who neither votes in any general election nor responds to any national census established by law for a period of two years, as calculated at any Election Deadline, shall be deemed to have renounced his citizenship.
Section 11
A Citizen who has voluntarily renounced his citizenship (in any fashion) may go through the normal citizenship procedure to have his citizenship restored. This procedure may also be skipped and full citizenship restored by an act of the Ziu, if it deems that the applicant merits extraordinary consideration. The Ziu may also, by statute, establish expedited procedures to reinstate former citizens deemed to have renounced their citizenship under Section 10.
Section 12
All appropriate information of all Talossan prospectives who have been brought before the Uppermost Cort, all former citizens, as well as all former citizens who are applying for restoration of their Talossan citizenship shall be public knowledge. This shall be a duty of the Minister of Immigration.
Article XIX: Covenant of Rights and Freedoms
Preamble
The Covenant of Rights and Freedoms guarantees the rights and freedoms set out in them to all Talossan citizens, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. These Covenants shall be interpreted in a manner consistent with Talossan custom and tradition, and with the aim in mind of preserving and enhancing the ethnic heritage of the Talossan nation and the peace, order, and good government for the Kingdom of Talossa.
First Covenant
No law shall exist abridging the freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication except in case of public order or morals. Censorship shall never exist in Talossa; every person may freely speak, write and publish his sentiments on all subjects, being responsible for the libelous abuse of that right.
Second Covenant
No discrimination, affirmative action schemes, or preferential treatment shall exist within the Kingdom of Talossa on the grounds of race, colour, class, nobility, sex, sexual orientation, gender identity, age, religion, beliefs, language, or any other physical or societal parameters of any kind whatsoever, except as provided for elsewhere in this Organic Law. No religious or ideological organisation shall be "established" by law. Separate consideration on the basis of sex may only exist in cases of propriety.
Third Covenant
Talossans have the right to peaceful assembly whether in private facilities or in the open air, provided that such assembly neither disrupts traffic or legal commercial activity, or unduly inconveniences people. Talossans have the right to freely organize political parties and other organizations, subject to their own laws of membership, and this right may not be abridged except with regards to organizations which advocate the use of violence or intimidation to attain political or other ends, or which seek to restrain any person or group of people from the exercise of their rights as granted under these Covenants.
Fourth Covenant
Under the principle that "A Man's Room is His Kingdom," the right of the people to privacy and security in their persons, homes, papers, correspondence, and property, against unreasonable searches and seizures, shall not be violated. The privilege of the writ of habeas corpus shall not be suspended. No person may be arrested or detained without a warrant issued by a judge, except in cases of flagrante delicto. No warrants shall be issued except on probable cause, and must particularly describe the place to be searched and the person or things to be seized. The right to privacy for public figures must be balanced by the public's right to know, in matters affecting politics, elections, campaigns, and governing. The intentional withholding of political information which reasonable voters might find helpful, profitable, or informative, violates the public's right to know.
Fifth Covenant
No person shall be deprived life, liberty, or property without due process of law, nor denied equal protection of law. Any person charged with an offense must be informed of their legal rights upon seizure by the government, and must be presumed innocent until proven guilty by a court of law. No person shall be subject to answer to the same criminal offense after the criminal charge has been properly adjudicated in a court of law, nor shall any person be compelled in any criminal case to bear witness against himself, nor shall any person be subjected to excessive fines, nor shall any person be subjected cruel and unusual punishment. The Ziu shall have the power to enforce this Covenant by appropriate legislation.
Sixth Covenant
Liberty consists of any action which is not detrimental to others, and no right herein enumerated, or elsewhere recognised by the Cosâ, shall extend to anyone engaged in activities which injure, endanger, risk or compromise the physical health, privacy, or tranquility of other persons through the pretended exercise of said right.
Seventh Covenant
No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs.
Eighth Covenant
Talossa shall never tax nor purport to tax, unduly burden, outlaw or abridge for its citizens any right to acts of: peaceful assembly; religious worship or affiliation; political speech or expression or affiliation; religious or historical or scientific or philosophical belief; abortion (being the freely conscious ability for a woman to make a determination on the continuation of her pregnancy); consensual sexual activity (between two consenting people of an age of responsibility); contraception; marriage (between consenting adults regardless of their sex, unless they are consanguineous up to the fourth degree of relationship), civil unions (and equivalents); divorce; adoption; advance health care directives; attempted suicide; euthanasia; the reading of any book; and the writing or use of any language. Neither shall any person be made to answer in any Talossan court for the alleged, admitted, or actual violation of any foreign law restricting or denying any right to or forbidding any act enumerated above.
Ninth Covenant
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury or tribunal of the Crown. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence.
Tenth Covenant
Anyone whose rights and freedoms, as guaranteed by these Covenants, have been infringed or denied may appeal to a court of competent jurisdiction to obtain such redress of grievances as the court considers appropriate and just in the circumstances, but the award granted to the plaintiff for punitive damages shall not exceed that granted for compensatory damages.
Eleventh Covenant
Where, in the course of a trial, a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by these Covenants, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
Twelfth Covenant
Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime determined by the Uppermost Cort, or as a result of relevant electoral or census law.
Thirteenth Covenant
The enumeration of rights and freedoms in these Covenants shall not be construed to deny or disparage other rights retained by the people. Powers not delegated by law to the Crown, to the Government, to the courts, to the Provinces or Territories, or to legal state organs established thereunder, are held by the Talossan people.
Article XX: Referenda
Section 1
Legislation may be enacted by the people through the Referendum. The Ziu may prepare referenda and submit these to popular vote, as it sees fit. The referendum may be advisory (a non-binding public opinion check) or may have the force of law upon its approval by a majority of those who vote on it. Referenda questions appear on the ballot during the next general election, or sooner, if the Seneschal so chooses to authorise.
Article XXI: Status of the Organic Law
Section 1
The Organic Law is the supreme law of the land. Any national, provincial or territorial laws which violate its provisions are null and void.
Section 2
The Organic Law will be ratified by a two-thirds "yes" vote in a public referendum. Approval by less than two-thirds will result in the non-ratification of the document, and Talossa will continue under the 1988 Constituziun until such time as the people, by referendum, approve the Organic Law by a two-thirds vote.
Section 3
Upon ratification of this Organic Law, the Constituziun and all laws contrary to the provisions of this Organic Law, or superseded thereby, are instantly repealed. Other laws which are not in conflict with this Organic Law shall remain in force.
Scribe Notes
- 50RZ2 repealed Article IV Section 5
- 50RZ7 amended Article III Section 7
- 50RZ18 amended Article XV Section 4
- 50RZ19 amended Article X Section 6
- 50RZ26 amended Article XIX Fifth Covenant