Law:Organic Law/57thCosa
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57th Cosă until end of the 57th Cosă |
Preamble
WE, JOHN I, by the grace of God, King of Talossa, etc., etc., etc., conscious of the role conferred upon Talossa by history, ever mindful of our inexplicable and inextricable connection somehow to Berbers, moved by the tenacity of the Talossan people throughout the many trials of the past twenty years, 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, aware of the need for a new governing document that may serve Talossa for decades to come; and owing a debt of gratitude to Matthias M, John E, Evan G, Sean H, John J, Dan L, Geoff T, Marc-André D, Nathan F, and Ken O, who developed the founding principles of modern Talossan governance, and to Viteu Marcianüs, Ian Plätschisch, Gödafrïeu Válcadác’h, Dame Miestrâ Schivâ, Txoteu Davinescu, Sir Cresti Matawois Siervicül, and Eovart Grischun, 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 2017 Organic Law
Article I: 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 nation-building.
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. Talossan territory shall also include the Talossan overseas colony, Pengöpäts Antarctic Territory, and any lands or islands that are formed or that may appear in Talossa's territorial waters, in whole or in part, and 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
The capital of the Kingdom is Abbavilla.
Section 5
The sole historic language of the entire Talossan people is the Talossan language (el glheþ Talossán). The Talossan language and Talossan English shall be the official languages of the Kingdom.
Section 6
The National Flag of Talossa is the green and red horizontal bicolour, as adopted on 2 March 1981.
Section 7
The National Motto of Talossa is "Miehen Huone on Hänen Valtakuntansa," translated "A Man's Room is his Kingdom."
Article II: The King
Section 1
The Kingdom of Talossa is a constitutional Monarchy with a King (or, if female, Queen) as its head of State.
Section 2
The King is the symbolic head of the nation. The nation democratically grants the King certain Royal Powers and duties as described in this Organic Law and in statute law. The Ziu may establish procedures for when the King fails to perform a duty.
Section 3
The King of Talossa is King John I, until his demise, abdication, or removal from the throne. 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 the King, the Uppermost Cort shall be a Council of Regency.
Section 4
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 this 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 Cosa shall pronounce by a two-thirds vote, with the approval of the Senäts, that the King is to be removed, 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 removed.
Section 5
The King may, at whim, appoint, replace, or remove a Regent (or a Council of Regency, which is considered equivalent to a Regent), 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. No person not a citizen of Talossa shall be competent to serve as Regent or member of a Council of Regency. The Ziu may by law remove or replace any appointed Regent, and if the Ziu removes a Regent appointed by the King, the King may not reappoint the same person Regent without the prior consent of the Ziu.
Section 6
The King may grant titles of nobility and confer awards and decorations.
Article III: 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. It may administer itself as it sees fit.
Section 2
Except as otherwise provided in this Organic Law, any Talossan eligible to vote may be elected or appointed to the Senäts, but only 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 Seneschál or Secretary of State, or received an order of knighthood from the King. No person may simultaneously hold more than one seat in the Senäts.
Section 3
Neither a reigning King, nor his Consort, nor a Regent during his regency shall under any circumstances be eligible to be elected or appointed to a place in the Senäts.
Section 4
The Senäts shall have equal powers with the Cosa in respect of all proposed laws, except that bills appropriating revenue or moneys shall not originate in the Senäts, and the Government shall require the confidence of the Cosa only to remain in office. In the event of the Senäts twice rejecting a bill appropriating revenue or moneys which is passed by the Cosa, upon it being passed a third time by the Cosa, it shall not require the consent of the Senäts to be given Royal Assent and take effect. Bills for the imposition or appropriation of fines or other monetary penalties, or for the demand or payment or appropriation of fees for licenses or services, shall not be taken to appropriate revenue or moneys.
Section 5
A Senator vacates their seat if, not being disqualified from voting by law, they do not vote on two consecutive Clarks; or if they resign from office, lose their citizenship or die.
Section 6
No senator shall ever be required to vacate his place during his term of service, due to a change in the qualifications of Senators.
Section 7
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 8
Senators may be removed from office by the Uppermost Cort, for criminal activity or for mis-, mal-, or non-feasance.
Section 9
The Senate may impeach any of its members from the Chamber with a two-thirds 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 a new Senator selected according to Section 7, above. 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 the Seventh Covenant of the Covenant of Rights and Freedoms. The former Senator is not barred from running for office in future elections as long as the former Senator maintains citizenship.
Section 10
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 11
The Secretary of State may request from all successful candidates in a Senäts election a registration fee, to be set by law, to cover the cost of the election. This fee shall be uniform for all successful candidates.
Article IV: The Cosa
Section 1
The Cosa is the national legislative assembly, and is composed of a number of seats apportioned among political parties based on their performance in the General Election, as well as any additional seats authorized by this Organic Law.
Section 2
2. Based on the final results of the General Election, the Secretary of State shall calculate the apportionment of seats among the parties, hereinafter referred to as "party seats".
- 2.1 The party seats shall total 200, or another number which may be set by law, with the provisos that any such change will not take effect until the next election following the passage of a calendar year; and that this number may never be less than twice the number of Senators minus one.
- 2.2. Each party shall receive a percentage of party seats as equal as possible to its percentage of the popular vote, but each party shall receive a whole number of seats, and in turn, each party shall assign these seats to individuals, in accordance with law. The Secretary of State shall employ whatever mathematical formulae and calculations in the apportionment of seats as are set by law, or, in the absence of such law, as will best reflect the intentions of this Organic Law. The Uppermost Cort shall be the final judge in case of mathematical disputes.
- 2.3. Only registered political parties may obtain party seats. Parties which win votes but are not registered may not assume their seats in the Cosa until they register. The process to register a party shall be defined by law. The Secretary of State may request from all parties a registration fee, to be set by law, to cover the cost of the election. This fee shall be uniform for all parties.
Section 3
In the case of vacant party 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 judgment.
Section 4
- 4.1. In addition to the seats apportioned between parties after a General Election, the Secretary of State shall assign one Cosa seat to any citizen who becomes eligible to vote after the most recent Election Deadline but before the dissolution of the Cosa, upon the request of such citizen, up to a maximum number as this Organic Law might provide. Any additional seat so assigned shall cease to exist should its holder vacate or be removed from the seat and shall not be subject to the procedures for filling vacancies in the Cosa, and shall also cease to exist upon the dissolution of the Cosa.
- 4.2. The maximum number of seats that may be assigned to new citizens between general elections shall be 7.5% of the seats apportioned between parties, rounded up to a whole number of seats.
Section 5
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 Cosa 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. The seats of any MC who is removed or vacates shall be reassigned according to Section 4, above.
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 Cosa. However, neither a reigning King, nor his Consort, nor a Regent during his regency shall hold any seats in the Cosa, 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.
Section 7
A newly elected Ziu shall convene on the first day of the month after its general election, to coincide with the publication of the first Clark. Its term shall be equal to seven Clarks, subject to the provisions elsewhere in this Organic Law. During its last month, the King shall issue a Writ of Dissolution ending its term. Whenever the Cosâ may be dissolved, all its members shall resign.
Section 8
The Seneschal may insert between any two Clarks, or after the final Clark, a "month of recess" in which no Clark is published. No more than one "month of recess" may be declared during any one term of office.
Section 9
The Seneschal may appeal to the King to issue a Writ of Dissolution to dissolve the Cosa before its term has expired and call new elections. 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 there be a Clark in progress, upon the completion of the Clark. 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.
Section 10
The Cosa may set and hold Living Cosas (live parliamentary meetings) to coincide with a Clark as described by law, so long as all Members of the Ziu have ample opportunity to submit their votes remotely.
Section 11
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Section 12
The Cosa shall elect one of its members to serve as Speaker of the Cosa (Talossan: el Túischac'h) for the upcoming term. The Speaker shall preside, direct and maintain order during Living Cosas and in other Cosa debates, in an unbiased fashion. Otherwise, his function will be to advise Members of the Cosa of appropriate decorum. He is considered the honourable President of the Cosâ and shall be awarded all due veneration when serving as such.
Article V: Elections
Section 1
The Cosa shall be the sole body elected by the whole of the nation. It shall be elected by universal popular vote by all adult citizens after each dissolution.
Section 2
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.”
Section 3
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.
Section 4
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.
Section 5
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 more than one vote at any time during the election period, the first one cast is counted and the others are ignored.
Section 6
Elections for the filling of places in the Senäts shall be conducted simultaneously with general elections to the Cosa. 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 7
1. The Chancery shall be responsible for elections to the Senäts, except where a Provincial Government makes a request to conduct the election of the Senator for that province. Such requests shall be granted, except as provided in subsection 2 below.
2. In the event that a Senäts election conducted by a Provincial Government appears likely to fail to proceed, the Chancery may request a Cort injunction allowing the Chancery to assume control of the Senäts election in that Province.
Section 8
Any Senatorial election conducted by the Chancery shall be conducted according to the provisions given in Sections 2-5, above, and utilize Instant Runoff Voting. In case of a tie between two or more candidates, the executive officer of the province as of the Election Deadline shall break the tie.
Section 9
If a voter initially forgets to vote in the Senate, the voter may, until the Election Deadline, still cast a vote for the Senate.
Article VI: The Government
Section 1
The head of the Government is the Prime Minister, who shall be known otherwise as the Seneschál. Any Talossan, except for the King of Talossa, shall be eligible to be the Seneschál.
Section 2
The Seneschál shall be elected directly by the Cosâ, and his term shall expire upon the installation of his successor. He shall maintain the confidence of a majority of the Cosâ alone in order to hold the office.
Section 3
The Seneschál has duties of the State. He may advise the King to dissolve the Cosâ and to appoint and remove members of the Cabinet, and such advice to the King shall not be refused. He may also declare war and write treaties with the approval of the Ziu, expedite the Ziu's consideration of legislation, and issue Prime Dictates.
Section 4
Prime Dictates (PDs) are public declarations which affect government policy and have the force of law. They take effect upon their countersignature by the King and function as laws for all purposes, with such exceptions and subject to such conditions as the Ziu may enact by statute. Prime Dictates are exempt from all provisions relating unto legislative proposals, but may never be used to amend this Organic Law.
Section 5
The election of a Seneschál shall be the sole and exclusive business of the first Clark of every newly seated Ziu, but neither a member of the Senäts nor the King may vote on the matter. The Senäts may undertake during such Clark any of their business for which the consent of the Cosâ or the King be not requisite.
The method of election of a Seneschál shall be Ranked Choice Voting. Each member of the Cosâ shall have as many votes in the election as the seats which he hold in the Cosâ, but shall cast his votes as one bloc and have no divided conscience. The candidates for each such election shall be nominated by each political party which shall have earned representation in the Cosâ at the most recent general election..
No member of the Cosâ may abstain in the election of a Seneschál, and shall rank on his ballot at least two distinct preferences, which itself shall be made public.
Whichever candidate shall have earned a majority of the votes in his election, as according to the method of Ranked Choice Voting, shall be appointed subsequently and forthwith by the King to serve as Seneschál, and the results of the election shall be published at large in the Clark.
Section 6
The Seneschál shall announce publicly both the members of the incoming Government and the Government's legislative agenda at least before, if not sooner than, the last day on which a member of the Ziu may submit a measure to the second Clark. Failing this, the King shall dissolve the Cosa and call new elections.
Section 7
No election for the Seneschál shall occur, except during the first Clark of a newly seated Ziu.
Section 8
The Seneschál shall appoint a member of the Government to be the Deputy Prime Minister, who shall be known otherwise as the Distáin. The Distáin shall act in place of the Seneschál in case of absence or disability of the latter, and shall become the Seneschál in case of death, removal or resignation. The Ziu may establish by law the procedures and standards in order to determine the absence or disability of the Seneschál, as well as the manner or conditions by which the Distáin shall be appointed.
Section 9
The King appoints and dismisses members of the Government (Cabinet) on the advice of the Seneschal. The Government consists of the Seneschal, the Distáin, and various other ministers as set by law or appointed as the Seneschal sees fit.
Section 10
Cabinet Ministers are responsible to the Seneschal, whom they advise and from whom they receive direction, and exercise state power with his consent.
Section 11
Whenever the Government should lose the confidence of the Cosâ by a formal vote, the same Government shall remain in offce as caretakers until a new Seneschál shall be duly installed.
Article VII: 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 Cosa.
Section 2
This Organic Law is the supreme law of the land. Any national, provincial or territorial laws which violate its provisions are null and void.
Section 3
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 4
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.
Section 5
Any Member of the Cosa, 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.
Section 6
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Section 7
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 publicly on that day. The Clark shall be made available to all MCs and Senators
Section 8
The Clark must contain, in every edition, a Vote of Confidence. Each MC may answer this question in his Clark ballot every month, either with a "yes" or a "no." If at the end of any Clark the "no" vote outnumbers the "yes" vote, the King shall dissolve the Cosa and call new elections.
Section 9
Every MC and Senator may vote on every bill in every Clark through reasonable means determined by the Secretary of State, 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. An MC or senator may vote "për" (to a bill he approves), "contrâ" (to a bill he disapproves), or "austanéu" (for an abstention) on every bill. 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 10
Except where otherwise provided in this Organic Law any bill which receives more "për" votes than "contrâ" votes in the Cosa and the Senäts is considered to have been adopted by the Ziu, and 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 11
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 Cosa 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 Cosa is passed by a simple majority of the Cosa and the Senäts in the subsequent term of the Cosa, 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 12
The next Clark will publish the votes of all MCs and Senators on every bill, and which bills passed or failed, and by how much.
Section 13
The Ziu may prepare referenda and submit these to popular vote of the people 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.
Section 14
The Ziu is prohibited from passing ex post facto laws and Bills of Attainder, or from concluding military capitulations or surrenders.
Article VIII: The Courts
Section 1.
The judicial power of the Kingdom of Talossa shall be vested in one Cort pü Inalt, in English the Uppermost Cort, and in such inferior courts as the Ziu may from time to time ordain and establish.
Section 2.
The judicial authority of the Cort pü Inalt shall extend to all matters, in law and equity, arising out of a case or controversy; and in all matters affecting ambassadors, public ministers, the State of the Kingdom of Talossa (including its organs), and a Province or other subdivision recognized by this Organic Law, the Cort pü Inalt shall have original jurisdiction. In all other cases, the Cort pü Inalt shall have appellate jurisdiction both as to law and fact over all inferior corts established by the Ziu. Nothing stated herein shall limit the authority of the Cort pü Inalt from remanding a matter to which the Cort pü Inalt has original jurisdiction to an inferior cort as it deems necessary.
Section 3.
The Cort pü Inalt shall consist of a permanent seat designated as Senior Judge, and two permanent seats designated as Puisne Judge. The Judges shall be ordered according to their seniority on the Cort pü Inalt, with the senior most Judge occupying the seat of Senior Judge.
The Ziu may enlarge the number of seats designated Puisne Judge to no more than eight, and may decrease the number of seats designated Puisne Judge to no less than two, provided that, in addition to the requirements for other legislation, two-thirds of the Cosa and a majority of the Senate support modification in two consecutive Cosas.
Neither a reigning King or his or her Consort, nor a Regent during his or her regency, nor the Secretary of State, nor the Seneschal, nor any other member of the Cabinet shall be a Judge of the Cort pü Inalt.
Section 4.
Any member of the Ziu may nominate a person to an open seat on the Cort pü Inalt. The nominee shall be approved by two-thirds support in the Cosa and majority support in the Senate. Upon such approval, the King shall appoint the nominee as a Judge of Cort pü Inalt.
If the King shall decline to appoint a nominee, then, upon approval by two-thirds support of the Cosa and majority support in the Senate, the nominee shall be considered appointed.
Every Judge of the Cort pü Inalt shall be subject to a re-appointment in intervals of five years, measured from when their initial appointment. These intervals may be increased two to no more than 10 years provided that any legislation retroactively applies to all sitting members of the Cort pü Inalt and is supported by two-thirds of the Cosa and a majority of the Senate in two consecutive Cosas.
Unless otherwise set by law, re-appointment shall be deemed automatic if no member of the Ziu has requested a re-appointment vote in the Cosa immediately preceding the expiration of the Judge's term; and re-appointment shall only require a simple majority of each house in the Ziu. The Ziu may modify the foregoing provided the requirements of re-appointment never exceed that for appointment.
Section 5.
A Judge shall remain on the Cort pü Inalt for the duration of their term, until they choose to retire, or, as prescribed by law, until such time as the Ziu shall remove him or her from their seat or until he or she can no longer perform their duties on account of incapacitation.
In the event that a sitting Judge of the Cort pü Inalt acts in a manner that offends the Ziu in the Judge's official and individual capacity, or is found guilty or has pleaded guilty to a crime in Talossa, a member of the Ziu may move for a Notice of Reprimand, which shall set forth an individual charge with the stated punishment contained therein, which shall not exceed removal from his or her seat as Judge.
To impose the sanction of removal, a Notice of Reprimand must receive, in addition to requirements of other legislation, two-thirds support in the Cosa and majority support in the Senate.
Section 6.
Until such time as inferior corts are established, a Judge may sit as a nisi prius cort in all civil and criminal matters.
No decision or order issued by an inferior cort or nisi prius cort shall bind a coordinate cort.
The decisions or orders of the Cort pü Inalt shall bind all lower corts according to the doctrine of stare decisis provided that that the panel was composed of no less than three Judges after necessary recusal. The Cort pü Inalt may, as it deems appropriate, issue decisions or orders that are non-binding provided that it explicitly states that intention in the decision or order.
A nisi prius cort or an inferior cort deviating from binding precedent must state so with clarity and refer the matter for appellate review. Notwithstanding any contrary proscription, the King, the Secretary of State, or the Senechal may refer an issue to the Cort pü Inalt for an advisory opinion provided that any such panel reviewing the position is composed of no less than three Judges after any necessary recusal, there lacks a live case or controversy that would otherwise determine the issue, and there is a reasonably need for resolution of the question.
A matter arising under the Covenants of Rights and Freedoms is appealable as of right to the Cort pü Inalt. In all other instances, the Cort pü Inalt may not be compelled to exercise its appellate authority. However, when declining to do so, the Cort pü Inalt must issue an order declaring such, and no such declaration shall be deemed as the Cort pü Inalt adopting or setting as binding precedent the appealed from decision or order.
The Cort pü Inalt, and any other cort existing under this article, shall interpret all matters through the lens of the Covenants of Rights and Freedoms.
Any Judge that is a named party in a matter shall recuse himself or herself from hearing any and all parts of the matter.
Article IX: Territorial Subdivisions
Section 1
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 2
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.
Section 3
Each Province shall govern itself in such a manner as to guarantee its citizens the full protection of their rights under this Organic Law. Provinces may conduct their elections themselves or delegate the conduction of their elections to the Chancery.
Section 4
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, nor shall any province pass a constitutional amendment, which conflicts with any provision of this Organic Law or with any other national law, or grants to the Cunstavál 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). No Cunstavál shall proclaim any provincial constitution which has not been 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. No person shall be at the same time Cunstavál of one province and the leader of the provincial government of another province.
Section 5
Where any law of a Province, concerning an area of power outlined in Article VII, Section 2, is inconsistent with a law of the Kingdom, the Provincial law shall be invalid to the extent of the inconsistency.
Section 6
All powers not vested in the Kingdom by this Organic Law shall be vested exclusively in the Provinces.
Section 7
All Talossan citizens living in Talossa shall belong to the Province in which they live, even when provincial borders change and his home is thereby "reassigned" to a different province
Section 8
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, however, 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.
Section 9
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 Seneschal and subject to laws of the Ziu
Section 10
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.
Article X: Citizenship and Rights
Section 1
Any foreigner or Cestoûr who feels in his heart that he is Talossan may acquire Talossan citizenship by following the naturalization procedures set forth by law.
Section 2
Talossan citizens may live within the country or abroad. This distinction does not affect their legal standing or their civil or political rights.
Section 3
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 Secretary of State on or after their 14th birthday.
Section 4
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.
Section 5
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.
Article XI: Covenants 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 of 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 to 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 Cosa, 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 XII: Amendments to this Organic Law
Section 1
Amendments to this 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 2
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 3
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 4
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 take effect unless approved by a majority of participating voters in that province.
Section 5
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 take effect unless approved by a two-thirds majority of voters participating in the referendum on the question of the amendment.
Scribe Notes
- 56RZ9 deleted Article VII Section 6.
- 56RZ10 added a new Section 12 to Article IV (creating a blank Section 11 because the Scribe didn't renumber the sections as provided by 54RZ23).
- [[56RZ11>] amended Article IV Sections 1, 2, 3 and 4.