Law:1997 Organic Law/40thCosa
 The current version is here. |
16 july 2009/XXX until 14 january 2011/XXXII |
Preamble
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
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 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 Section 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 by the Secretary of State in accordance with election law. These elections shall be conducted simultaneously with general elections to the Cosâ.
Section 3.
Each time the Cosâ shall be dissolved, there shall be an election for the Senäts in two provinces. For purposes of elections to the Senäts, the provinces shall be listed in the following fixed order: Mussolini, Vuode, Atatürk, Cézembre, Florencia, Maricopa, Maritiimi-Maxhestic. Following the passage of this Act, the next elections for the Senäts shall be held in the two provinces for whom the greatest amount of time has elapsed since the last regular election for the Senäts.
Section 4.
Except as otherwise provided in the Organic Law, any Talossan who may vote may be elected or appointed to the Senäts for any 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 simultaneouly hold more than one seat in the Senäts.
Section 5.
Political parties may "endorse" individual candidates for the Senate, one candidate per party per province. In the event that a voter does not specify an individual candidate for Senate on his ballot, his vote for a political party shall apply to the candidate endorsed by that party. A voter may always vote for a different Senate candidate than the one endorsed by the party of his choice, by indicating said candidate on the ballot.
Section 6.
The candidate receiving a plurality of the vote shall be declared the winner. 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.
Section 7.
Voting is not secret. As soon as one's vote is cast, it becomes public knowledge.
Section 8.
If a voter returns more than one vote, the first one cast is counted and the others are ignored.
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.
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.
Senators shall as far as is practicable be citizens of the Province in which they were chosen. Qualified citizen from other provinces may receive votes in an election only if no votes have been received on the sixteenth day of the election period.
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.
Section 11.
Section 10 takes precedence over bills requiring two-thirds of the Senäts to vote such as amendment to the organic law, with the exception of:
- bills changing sections of articles regarding the Senats
- bills changing sections of the article "Amendments to the Organic Law"
- bills changing sections of the article "Territorial Subdivisions"
- bills creating new provinces or changing the number of provinces in any way which always 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 "registered" political parties may obtain seats in the Cosâ. Parties which win votes but are not registered may not assume their seats in the Cosâ until they register. A party may register at any time with the Secretary of State as follows: First, the party must have at least one member designated as its "Leader." Second, the leader must provide the Secretary of State with a 50-word (or less) statement of the general aims and views of the party. Third, the Secretary of State may request from all parties a fee, to be set by law, to cover the cost of the election. This fee shall be uniform for all parties.
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 Cosâ are to be conducted during a period of one calendar month, from the fifteenth day of the current month until 7:30 p.m. on the fourteenth day of the following month. The first day of this period (the fifteenth) is called the "Balloting Day" and the last day (the fourteenth) is called the "Election Deadline."
Section 4.
During the election period as defined in Section 3, the Secretary of State shall in every particular conduct the election according to the election laws in such a manner as a) affords to every citizen the opportunity to cast a vote for the party of his choice, and b) does not discriminate against any party or individual in the collection or tallying of votes. In the absence of a current election law, the Secretary of State shall conduct the election according to the rules under which the most recent general election were conducted.
Section 5.
The Secretary of State must make public the exact procedure by which he will comply with Section 4, no less than fourteen days before the Balloting Day.
Section 6.
Voting is not secret. As soon as one's votes are cast, they become public knowledge.
Section 7.
If a voter returns more than one vote, the first one cast is counted and the others are ignored.
Section 8.
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 9.
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.
Seats won by each party shall be divided by that party among its own members and supporters as it sees fit, with the proviso that each Member of the Cosâ may hold no more than thirty seats.
Section 4.
Each person holding a seat is a correspondent representative known as a "Member of the Cosâ" (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 will represent, for ceremonial purposes, a particular geographical "constituency." The exact procedure will be determined by law.
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 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.
Article IX: The Secretary of State, the Hopper, and the Clark
Section 1.
The Seneschál shall appoint a Secretary of State to an indefinite term. He may be removed and replaced by law. The Secretary of State shall supervise and organize the legislative business of the Ziu. He 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." He may delegate another citizen to act as Deputy Secretary of State, who will execute the powers and duties of the Secretary's office, while the Secretary is unavailable or unable to do so. This person shall be appointed and dismissed by the Secretary on whim.
Section 2.
Any Member of the Cosâ, or Senator, or the King, 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.
Section 3.
Except as provided in Article IX: Sec. 7, a bill is not eligible to be voted on by the Ziu and cannot be published in the Clark unless it was first submitted to "The Hopper" as a legislative proposal. And except as provided in Article IX: Sec. 8, only legislative proposals that are in "The Hopper" and have been there for at least ten days can become eligible for publication in "The Clark" as bills. Legislative proposals that are no longer in "The Hopper" cannot become bills.
Section 4.
The Secretary of State is under no obligation to create a permanent record of legislative proposals in "The Hopper." The Secretary of State shall remove legislative proposals from "The Hopper" at the request of the author. If a legislative proposal has remained in the "The Hopper" for more than 59 days, the Secretary of State may remove it.
Section 5.
A legislative proposal is submitted t to the Secretary of State for publication in "The Hopper." A legislative proposal thus submitted should be followed by the words "Uréu q'estadra så" (or "Proposed by") and the name of the author and the capacity in which the author is offering the proposal. The Ziu may regulate how authors identify their capacity. A legislative proposal may be submitted by multiple sponsors, but the legislator whose name is listed first after the words "Uréu q'estadra så" (or "Proposed by") is considered the author of the legislative proposal. The Secretary of State may refuse to accept legislative proposals that are not clearly typed or word-processed.
Section 6.
After his legislative proposal has spent ten days in "The Hopper," the author may submit it.with or without modification or amendment.as a bill to the Secretary of State according to the procedures specified in Article IX: Secs. 8-12. The Secretary of State may, however, refuse to accept the bill if he finds that the bill is so substantially different from its original form as a legislative proposal that it constitutes a significantly different proposal. Upon such a finding, the bill is automatically returned to "The Hopper."
Section 7.
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. The Prime Minister's Prime Dictates are exempt from all provisions relating to legislative proposals and "The Hopper."
Section 8.
For the first Clark to be published following an Election Deadline as defined in Article VII: Sec. 3, only legislative proposals that are in "The Hopper" and have been there for at least five days can become eligible for publication in "The Clark" as bills.
Section 9.
Bills shall be submitted before the twenty-first day of the month, to the Secretary of State for consideration by the Ziu. Bills received after the twenty-first day of the month shall be published in the next Clark or postponed for one Clark, at the Secretary of State's discretion.
Section 10.
A bill may be proposed by submitting it to the Secretary of State. A bill thus submitted should be followed by the words "Uréu q'estadra så" (or "Proposed by") and the name of the author(s) and his/their party and home province. The Secretary of State may refuse to accept bills that are not clearly typed or word-processed.
Section 11.
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.
Section 12.
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 13.
Notwithstanding Sections 2 and 5 of this Article, the Ziu may make laws regulating the number of bills a Member of the Cosâ or a Senator may submit for one Clark without the need to amend the Organic Law.
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 shall have passed the Ziu shall, before it becomes a law, be presented to the King. The King may sign such a Bill, in which case it shall immediately become law; or he may veto the Bill, in which case it shall be returned, with his objections, to the Ziu, which shall proceed to reconsider it in the next Clark. 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. If, after such reconsideration, two-thirds of the Cosâ shall agree to pass the bill, with the approval of the Senäts, or the part of the bill objected to, it shall become a law over the objection of the King.
Section 7.
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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 Seneschál. 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 Seneschál within one week of the end of elections, or announce the continuation of the incumbent in office.
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, and may be repealed by a majority vote in the Cosâ. 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.
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 Distáin shall act in the place of the Seneschál if the latter should die, or be unable to fulfil his duties due to medical reasons or absence from the country, until a new Seneschál shall be appointed.
Section 9.
The King shall appoint a Member of the Cosâ to serve as Speaker of the Cosâ (Talossan: el Túischac'h), on the advice of the Seneschál for the upcoming term. The Speaker shall preside, direct and maintain order at Living Cosâs in an unbiased fashion. He is considered the honourable President of the Cosâ and shall be awarded all due veneration when serving as such.
Article XIII: Duration of the Cosâ and the Government
Section 1.
Duration of the Cosâ. The Cosâ convenes two weeks after general elections, on the first day of the month, to coincide with the publication of the first Clark. Its term is roughly six months, each month coinciding with a Clark. However, the Seneschál may insert between any two Clarks, or after the sixth 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. 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.
Section 2.
Warrant of Prorogation (exception to the preceding section). 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.
Early Dissolution of the Cosâ. The King may issue Writs of Dissolution to dissolve the Cosâ before its term has expired. The Seneschál may appeal for such a Writ of Dissolution, and the King may under no circumstances refuse such an appeal. 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 4.
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 5.
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 Section 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 Section 5 above.
Article XV: Amendments to the Organic Law
Section 1.
An amendment to the Organic Law may be made by proclamation by the King where so authorized by:
- A vote of two-thirds in both chambers of the Ziu, and
- A vote of a majority of citizens eligible to vote in a referendum, to be held as soon as practicable after the vote in the Ziu.
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 only be passed with the approval of a majority of electors in that province.
[2]
Section 2.
The Covenants of Rights and Freedoms, being sacred and necessary to the defence of our free society, are entrenched provisions of this Organic Law. They may only be amended if the referendum required by Section 1 passes with a two-thirds majority.
Article XVI: The Courts
Section 1.
The judicial power of Talossa shall be vested in one Cort pü Înalt, in English the Uppermost Cort, and in such inferior courts as the Cosâ may from time to time establish. The judges, both of the Uppermost and inferior courts, shall be elected by the Cosâ and shall hold their offices for life (or until resignation), and may only be removed by a two-thirds vote in the Cosâ with approval by the King and the Senäts.
Section 2.
The Cort pü Înalt (Uppermost Cort) shall consist of three Justices. The three members of the Uppermost Cort are co-equal for all purposes. However, the Justice which has served on the Cort for the longest overall period of time is designated ceremonially as "Senior Justice." Other, inferior courts, shall consist of as many judges as are established by law. All courts must have an odd number of judges.
Section 3.
Neither a reigning King nor his Consort, nor a Regent during his regency, nor the Secretary of State, nor the Seneschal shall be a Justice of the Uppermost Cort or a judge in any inferior court that the Ziu may create. Nor shall any Senator or Member of the Cosa be a Justice of the Uppermost Cort. Section 4. In the event of a vacancy, either in the Cort pü Înalt or in an inferior court, the King shall nominate a replacement. The nominee shall be approved by a two-thirds vote in the Cosâ with the consent of the Senäts and shall then take his seat for life upon the court.
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 its members 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 the other two members of the Cort. He shall be appointed to do so by unanimous vote of the entire three-person Cort, and 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.
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.
Section 14.
Justices and all other judges shall wear judge's wigs while exercising judicial power.
Article XVII: Territorial Subdivisions
Section 1.
The metropolitan territory of Talossa is subdivided into Townships (els Borgáis; census blocks), Parishes (els Pléivs; block groups), Cantons (els Cantôns; census tracts) and Provinces. The Canton is the smallest possible territorial subdivision which can be transferred from one jurisdiction to another; Townships, Parishes, or smaller areas may not be separated from Cantons or assigned to other Cantons.
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 Section 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 Section 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 a citizenry comprising at least 10 persons.
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.
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 section 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; or if the Uppermost Cort shall convict the Citizen for anti-Talossan activities, it may impose the penalty of expulsion from Talossa. The King may commute such a sentence.
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 effect twenty-four hours following its acknowledgement by the Secretary of State.
Section 10.
Talossans may also voluntarily renounce their citizenship through intentional deliberate voluntary nonparticipation. This is defined as deliberate refusal to vote in three consecutive elections for the Cosâ. If a citizen wishes (for reasons of conscience) not to vote, he shall notify the Secretary of State in writing indicating his intention, and this shall count as a "vote" for purposes of this article. The King may grant clemency (officially wiping any non-votes off the person's record) if it is clear that the non-vote was unintentional or there were mitigating or extenuating circumstances such as accidents or technical mistakes.
Section 11.
A Citizen who has voluntarily renounced his citizenship (in any fashion) may petition the Uppermost Cort for a restoration of his citizenship. The petition should contain a "Why Talossa Hasn't Meant That Much To Me" Essay, explaining the reasons why he renounced his citizenship, and indicating how he intends to participate in Talossa in future. The Cort shall review the petition and may restore the person's citizenship by a majority vote. The Cort may impose such legal penalties as it shall determine, as penance for those people who renounce their citizenship and then return.
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
First Covenant.
The Covenant of Rights and Freedoms guarantee 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.
Second 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.
Third Covenant.
The government shall not restrict the free exercise of religion or conscience in worship or conduct, nor shall any preference be given by the Cosâ to any religious establishment. Religious services and rituals not in conflict with law or public order are authorized.
Fourth 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 preference, age, religion, beliefs, language, or any other physical or societal parameters of any kind whatsoever, except as provided for elsewhere in this Organic Law. Separate consideration on the basis of sex may only exist in cases of propriety, privacy and military service.
Fifth 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.
Sixth 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.
Seventh Covenant.
Any person charged with an offence shall be presumed innocent until proven guilty, and has the right to request information on his legal rights. No accused person shall be twice put in jeopardy of life, liberty, or property for the same offence, or without due process of law; nor shall any citizen be compelled in any criminal case to bear witness against himself. Excessive fines, and cruel and bizarre punishments, shall not be inflicted.
Eighth 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.
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.
While upholding the sanctity of marriage, Talossa holds inviolable the rights of all consenting adult citizens to manage their own private sexual conduct. The rights of equality in marriage, and the right to termination of marriage according to law, shall not be abridged.
Eleventh Covenant.
The right of any woman, during the first five months of her pregnancy, to make a determination on the continuation of that pregnancy, shall never be abridged; nor shall access to legitimate medical procedures connected therewith be restricted by any private or public body.
Twelfth Covenant.
The right of citizens to end their own lives, or to determine the circumstances of their deaths as much as is physically possible, whether through living wills or assisted or unassisted suicide, shall not be abridged. The lives of terminally ill or braindead persons shall not be artificially prolonged against their wishes, or against the wishes of their families when they are incapable of communicating, except in cases of ample cause.
Thirteenth 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.
Fourteenth 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.
Fifteenth 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.
Sixteenth 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.
Seventeenth 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 Cosâ 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 Seneschál so chooses to authorize.
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
- 39RZ21 repealed the third paragraph of Article XV Section 1 and amended Article XV Section 2.