Constitution of Florencia (2011)

The Constitution of Florencia is the organic document of the province of Florencia. Last revised on 15 November 2011, the document defines the roles of the Constable, Governor, and the Nimlet (Florencia's provincial legislature).

History

The first Constitution of Florencia was adopted on the formation of the province on 1 September 1996.

The 1996 constitution was replaced by the Constitution of 15 June 2002, although amendments to Article XVII of the Organic Law invalidated much of the provisions in the 2002 Constitution regarding electoral procedures.

The Constitution was last modified when Governor Ma la Mha, having the approval of a majority of the Nimlet (consisting of himself alone, a de facto but irremediable violation of Article XI.6 of the in-force Constitution), acted under the provisions of Article XI.2 of the 2002 Constitution to amend the Constitution in whole. This Constitution was then promulgated on 15 November by Constable Litz Cjantscheir.

Full Text

Constitution of the

Province of Florencia

Promulgated November 15, 2011/xxxii

Preamble

We continue to be pioneers.

In 1982, a blind imperialist land grab brought the place that we now call Florencia under Talossan control. 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, a canton that had been named Florencia, in honour of the former Talossan head of state Queen Florence. The settler found the area to be different from the northern half of the province; 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 has seen it through until today, through the many crises that our beloved province and Kingdom have survived, separating our population from one another, and devastating our local presence, but not our provincial pride.

With heads held high, and beliefs held strong, we adopt this new constitution for the Province of Florencia in order that we may continue to preserve life, liberty, and the safeguard of law. As Talossa is more than just the sum of its parts, so too is this province.

¡Viva la Florencia!

ARTICLE I. THE PROVINCE

Section 1. Style.

The name of this province is “Florencia” or in Talossan La Provincù Florencia.

Section 2. Territory

The province consists of, and claims provincial sovereignty over, all Talossan territory within the following defined boundary: 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, home of the Landmark Theatre, bar, bowling alley, and corner shop. Should an incumbent Governor of Florencia, Senator for Florencia, or Constable of Florencia reside within the territorial borders of the Province, the residence of the first such person listed by this section would be considered the focal point of the province and assume the honour of being the provincial capitol. The domicile would then adopt the name “manor” prefaced with the name of the street upon which it stands (i.e., Irving Manor).

Section 5. Language

The official languages of Florencia are Talossan and English, with respect and willingness to promote French and Frenglish if necessary.

ARTICLE II. SYMBOLS

Section 1. Flag

The official flag of the Province of Florencia is a banner in dimensions three along the hoist to eight along the fly, blazoned “Azure a fleur-de-lis Florentine, in chief three barrulets or”.

Section 2. Seal

The official seal of the Province of Florencia is blazoned as a cartouche azure charged with a fleur-de-lis Florentine and within a bordure or the text “FLORENCIA” in chief and “1996 XVII” in base azure.

Section 3. Anthem

The provincial anthem is the song “Built A Little Empire” by They Might Be Giants. This anthem is constitutionally established as a reminder of where we came from.

ARTICLE III. GOVERNMENT

Section 1. Constable

The people of Florencia serve the Talossan Sovereign through a Constable, or Cunstaval, appointed in accordance with Organic Law to represent the Crown in attendance to provincial affairs. Should the office of Constable be vacant or unattended to, it shall be incumbent upon the Governor of Florencia to petition the Crown for the appointment of a new Constable, and during such time, any and all duties of the Constable under this Constitution shall be performed only by the Sovereign.

Section 2. Senator

Florencia shall maintain representation in the Senate of the Kingdom of Talossa in accordance with the Organic Law of the Kingdom of Talossa. Procedures for the election and appointment of Senators shall be determined exclusively by Organic Law.

A Senator for Florencia, aside from his duties as laid down in the Organic Law, is responsible to his constituency within the province and shall maintain a dialogue with the Nimlet regarding issues of provincial concern. Notwithstanding his provincial citizenship, each Senator for Florencia shall hold a minimum of one seat in the House of Shepherds. However, a Senator who is not a citizen of the province of Florencia shall hold no more than this mandatory single seat. A Senator may veto, by his simple vote in the Nimlet, any resolution that would amend this Constitution.

Should a Senator resign all seats he holds in the Nimlet, such resignation shall be construed as resignation from the office of Senator.

Section 3. Governor

The administration and enforcement of provincial legislation shall be the responsibility of a sole Governor of Florencia. The Governor is appointed by the Constable upon approving a resolution of the Nimlet requesting the said appointment, and the incumbent Governor shall serve uninterrupted until the next such appointment. Should the office of Governor be vacant and the Nimlet not in session, otherwise neglecting the duty of appointing a Governor, or unable to decide upon a Governor, the Constable shall appoint a Governor.

No person shall be elected or appointed Governor, unless he is a citizen of Florencia and a member of the Nimlet and has served as Senator or as a Member of the Cosa of the Kingdom of Talossa.

No person may simultaneously hold the office of Senator (for Florencia or for any Talossan Province) and of Governor of Florencia. An incumbent Senator who is appointed to serve as Governor must either decline to serve as Governor or resign from the Senate before accepting the Governor’s post. Similarly, an incumbent Governor of Florencia who is elected or appointed to serve as Senator (for Florencia or for any Talossan province) must decline such service or resign his office as Governor before entering the Senate. Before entering upon the duties of his office, the Governor shall sing the provincial anthem as his oath of office.

Should the Governor resign from all seats he holds in the Nimlet, this resignation shall be construed further as a resignation from the office of Governor.

Enumeration of Gubernatorial Powers

The powers and duties of the Governor of Florencia, which may be delegated by him, are as follows:

1. He keeps and makes publicly available the text of all statutes of the Province of Florencia.
2. He sees to the enforcement and administration of all effective statutes of the province.
3. He represents the Province in any and all judicial actions to which it is a party.
4. He establishes and maintains the composition of the Nimlet according to the provisions of Section 6 of this Article.
5. He acts as the Presiding Officer of the Nimlet, deciding all parliamentary questions therein, and reminding all members of their responsibilities as Shepherds.
6. He signs all legislative resolutions passed by the Nimlet, and is responsible for presenting the same to the Constable, and he may advise the Constable upon the question of approval or veto of the legislation.
7. He may declare the continuation of the current Nimlet through any single General Election, if that Election is occasioned by the premature dissolution of a Cosa. Such declaration must be made within one week of the dissolution of the Cosa, and may not be made for two consecutive General Elections.

Section 4. Nimlet

Provincial legislation shall be considered and referred to the Constable for approval by a sole parliamentary body known as the Nimlet. This body consists of a single chamber known as the House of Shepherds, and each member of this body shall be known as a Shepherd, or, in Talossan, a Pastour.

All citizens of Florencia who are eligible to vote in the election of a Senator according to Organic Law are eligible to vote in the provincial elections.

The provincial election to fill the Nimlet shall allow each voter to return a ballot listing one and only one political party, or indicating no preference by the word “Present”. According to the provisions of Section 5 of this Article of the Constitution, these returned ballots determine the distribution of seats in the new Nimlet.

Members of the Nimlet shall serve a term equivalent to that of the Members of the Cosa of the Kingdom of Talossa, and elections to fill the Nimlet shall be held coincident with the General Elections conducted by the Talossan Chancery. Unless an explicit resolution of the Nimlet has been passed establishing otherwise for any particular election, the Chancery shall at each election consider a request that the Florencian provincial election be conducted by the Chancery. If this request is refused, the Constable shall be responsible for the conduct of the election.

Composition of the Nimlet

No later than ten days following the conclusion of each provincial election, the Governor of Florencia shall have:

1. determined and announced the total number of seats for the incoming Nimlet, which number shall be equal to the number of ballots returned in the election, less those returned indicating “Present”, and augmented by one additional seat for each incumbent Senator for Florencia, and one additional seat for the Governor;
2. appointed himself and the incumbent Senator(s) for Talossa (even should any such Senator not be a citizen of Florencia) each to one seat in the new Nimlet;
3. divided the remaining seats in the Nimlet among the political parties receiving votes in the election, with each party receiving a number of seats equal to the number of votes received by that party; and
4. established and announced a date, no later than thirty days from the conclusion of the election, for the commencement of the session of the Nimlet.

Should the Governor fail to perform the duties listed above, the Constable shall be empowered to appoint a new Governor and to establish a new deadline for the performance of those duties.

Seats in the Nimlet to which a party is entitled may be awarded by the leader of each party in any whole number and without personal limit, but only to Florencian citizens. Seats that remain unassigned by the parties to which they have been distributed shall remain vacant until such assignment is made.

The Governor of Florencia shall be responsible for the collection of seat assignments made by party leaders and shall announce and maintain the seat assignments in the Nimlet. Seat assignments may be modified by any party leader at any time by communication to the Office of the Governor, but all changes in seating shall not affect the composition of the House as regards voting on any pending resolution that had already been introduced to the Nimlet for consideration.

All decisions made and actions taken by the Governor regarding instructions and requests made to him regarding assignment of seats in the Nimlet may be appealed to the Constable, who may after consideration of the appeal instruct the Governor to act otherwise, and this instruction must be followed. The Governor may, however, appeal such an instruction directly to the Uppermost Court of the Kingdom of Talossa, but pending any decision by that Cort, the instruction of the Constable shall be followed.

Legislation

Resolutions to be considered by the Nimlet may be proposed by any member thereof, who is also responsible for establishing the deadline for a vote on the question. The said deadline must be no later than the scheduled end of the session of the Nimlet and no earlier than two weeks from the date of the introduction of the resolution.

Each seat in the Nimlet allows to its holder one equal vote on questions before the Nimlet. All resolutions of the Nimlet shall pass on approval by a simple majority of participating voters, and shall fail if half or more than half of the participating voters disapprove of the resolution. A quorum is not required on any vote on resolutions before the Nimlet.

When the passage of a resolution by the Nimlet is secured, the Governor (or, in the case of a resolution appointing a Governor, the sponsor of the resolution) shall sign its instrument and shall deliver it, with his own comments and recommendation, to the Constable for approval or veto. Should the Constable fail to act upon the resolution within a period of two weeks after the said delivery, the resolution shall be considered approved by the Constable, and, if legislative, shall be considered law. Should the Constable or Crown disapprove of the resolution within that time, this veto shall be final, and the act shall not pass into law and any appointment or appointments indicated in the resolution shall not be deemed made.

Should the Cosa of the Kingdom of Talossa be dissolved prematurely, occasioning the election of a new Nimlet during the conduct of a General Election, any and all resolutions pending before the Nimlet at the time of the dissolution shall be deemed to have not passed.

ARTICLE IV. AMENDMENTS

Section 1. Primacy.

This Constitution is and shall always be the ultimate law of the province of Florencia, subject only to the supremacy of the Organic Law of the Kingdom of Talossa. The Nimlet shall not pass any law contravening any clause of this Constitution.

Section 2. Amendment.

This Constitution may be amended in whole or in part by a resolution of the Nimlet, provided that such a resolution passes with the voted consent of each Senator for Florencia. After approval of any such resolution by the Constable, the amended form of this Constitution shall be considered in force and the law of the land.