Constitution of the Republic of Talossa: Difference between revisions

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The '''Second Constitution of the [[Republic of Talossa]]''' as of 21 November 2011/xxxii/VIII.
The '''Constitution of the [[Republic of Talossa]]''' was the governing document of the [[Republic of Talossa]].  It was adopted on 14 April {{year|2005}}, after a referendum was held on the proposal drafted by the 2005 Constitutional Convention. Ninety percent of the citizens of the Republic voted in the referendum, which resulted in a one hundred percent approval of the document. A major revision came into force on 1 June {{year|2010}}, after a referendum was held on the proposal drafted by the 2012 Constitutional Convention, which amended the provincial assignment code and completely replaced Title II.


<center>''It is the right of Talossans everywhere to keep and preserve their peace, their liberty, their freedom, and, as such, we Talossans hereby stand together as one, united in our assertion that Talossa is a great community, much greater than the sum of its parts; a community wrought not by one man, but by all Talossans everywhere, throughout her history; a community that will survive on the blood, sweat, and tears of her people for-ever. We Talossans hereby declare that we are a free people and a free community and, above all, a free nation dedicated to Talossan ideals. THEREFORE the sovereign and right government of the Republic of Talossa enacts as follows:''</center>
This was the text at the time of the [[Reunision]] and dissolution of the Republic, as it was last modified on 21 November {{year|2011}}.
__TOC__


==TITLE I: Points of State==
<center><big><big>'''La Constituziun dal Repúblicâ Talossán'''</big></big><br />
''It is the right of Talossans everywhere to keep and preserve their peace, their liberty, their freedom, and, as such, we Talossans hereby stand together as one, united in our assertion that Talossa is a great community, much greater than the sum of its parts; a community wrought not by one man, but by all Talossans everywhere, throughout her history; a community that will survive on the blood, sweat, and tears of her people for-ever. We Talossans hereby declare that we are a free people and a free community and, above all, a free nation dedicated to Talossan ideals.''<br>
''THEREFORE the sovereign and right government of the Republic of Talossa enacts as follows:''</center>
 
==TITLE I: POINTS OF STATE.==


===ARTICLE 1: The Republic.===
===ARTICLE 1: The Republic.===
Line 91: Line 96:
# Bills of attainder are illegal. A bill of attainder is a legislative act which inflicts punishment without judicial trial and includes any legislative act which takes away the rights of a particular named or easily ascertainable person or group of persons without due process before the courts.
# Bills of attainder are illegal. A bill of attainder is a legislative act which inflicts punishment without judicial trial and includes any legislative act which takes away the rights of a particular named or easily ascertainable person or group of persons without due process before the courts.


==TITLE II: THE INSTITUTIONS OF STATE.==
===ARTICLE 1===
# The State comprises those institutions set up by general consent of the citizens of the Talossan Republic, to embody the collective will and act in the collective interests of those citizens.
# Moreover:
## The functions of the State are divided between the President, the Government, the Chamber of Deputies, the Senäts, and the Secretary of State.
## Any person performing a role under this Constitution may resign their post by publically informing one or more of the President, Parlamînt and/or Secretary of State. Any person performing a role under this Constitution who is absent without explanation for one full calendar month or more shall be deemed to have resigned.
# The Law of the Talossan Republic shall consist of the following, in order of priority:
## this Constitution;
## legislation passed by Parlamînt according to this Constitution;
## decisions of the Court of Justice;
## Executive Orders.
# The Law of the Talossan Republic must be clear and comprehensible to the average citizen.
===ARTICLE 2===
# The President of the Republic (in the national language: el Prüm Citaxhien) is the Head of State and provides strategic and long-term leadership for the Republic.
# The President has the power and responsibility, subject to the Law of the Republic:
## to defend the Republic, its Constitution and laws, and the institutions established by the Constitution and laws;
## to supervise the actions of the Government;
## to put into effect the laws passed by Parlamînt;
## with the advice and consent of the Government, to represent the Republic to foreign entities, and accredit ambassadors and other representatives of the Republic to such entities;
## to pardon those convicted of a crime by the judicial powers, subject to confirmation of any pardon by a referendum;
## to make a “State of the Republic” speech to a joint session of Parlamînt, at the first meeting of Parlamînt after the President’s election;
## any other responsibilities which are granted by law.
# The President is chosen by all Talossan electors, by universal, direct, free, equal and secret preferential ballot. Details of the conduct of such elections shall be established by law.
# Every Talossan citizen of eighteen full calendar years of age or older who has fulfilled one or more of the following criteria is eligible for election as President of the Republic:
## He or she has been a Talossan citizen for a total of at least two years, or:
## He or she has served as a Member of either house of Parlamînt for a total of at least one year, or:
## He or she has served for a total of at least six months as any of the following: Seneschál, a Minister, Secretary of State, Mençei, Túischac’h or Justice of the Court of Justice.
# The President may not be a member of Parlamînt.
# The office of the President of the Republic shall become vacant on the first day of June every year. The Secretary of State shall arrange for the election of a new President to be completed between May 1 and May 31.
# No person may be re-elected to more than two consecutive terms as President.
===ARTICLE 3===
# The legislative power of the Republic of Talossa shall be exercised by a Parliament (in the national language, el Parlamînt).
# The Parlamînt consists of a Chamber of Deputies (in the national language, la Camera dels Deputats), representing the democratic will of the Talossan nation; and a Senate (in the national language, el Senäts), representing Talossan tradition and the collective memory of long-term Talossans. Members of the Chamber of Deputies shall be known as Deputies (in the national language, Deputats). Members of the Senäts shall be known as Senators (in the national language, Senatôrs).
# No Deputy shall at the same time be a Senator.
# The Chamber of Deputies shall be elected by all electors voting as a single electorate, by a method of proportional representation. Elections shall be universal, direct, free, equal and secret, and the details of their conduct shall be established by law.
# The Chamber of Deputies shall be elected to a six month term. The Secretary of State shall commence preparations for a new general election immediately upon the dissolution of the Chamber.
# Moreover:
## The President of the Republic shall dissolve the Chamber no later than six calendar months after the election of that Chamber, and summon the new Chamber to meet as soon as practicable after its election.
## The President may dissolve the Chamber at an earlier date than specified in section a) above, by means of an Executive Order co-signed by the Seneschál.
## The President may dissolve the Chamber at an earlier date than specified in section a) above without the consent of the Seneschál, if the Seneschál has lost the confidence of the Chamber of Deputies.
# Any elector of the Republic not otherwise disqualified by this Constitution can be elected to the Chamber of Deputies.
# Until Parlamînt otherwise decides, the number of seats in the Chamber of Deputies shall be five.
# Parlamînt may by law establish procedures for elections to fill vacancies that occur from time to time in the Chamber, to be known as by-elections.
# No seat in the Chamber shall be filled by a candidate who has not been directly chosen by the voters, either individually or as a named member of a party list.
# The Senäts of the Republic shall consist of all former Presidents, Senescháis and Court Justices who have held that office for at least one half of a full term, who do not currently hold elected office, and have not been impeached or otherwise judicially barred. The current Secretary of State will be a non-voting member.
# Not including the sitting President and the Deputies, other citizens may be named to the Senäts by law. Any law appointing a Senator shall mandate a term of office for that Senator of no more than 2 years, and be endorsed in referendum.
# The Senäts shall be in continuous session, as long as it has a quorum.
# Changes in the size of either House of Parlamînt shall only come into effect at the next election of that House.
# The quorum for both Houses shall be 3 members.
# The Chamber of Deputies and the Senäts shall each elect a Chair (called the Túischac’h and Mençéi respectively) from among their members who will organise the business of that house, keep a published archive of the proceedings and decisions of that House, and enforce the Standing Orders of that House. Neither Chair shall be a member of the Government. If there is no Mençéi, the Secretary of State may perform the role until one can be elected, at the request of the Senäts. If there is no Túischac'h, the President of the Republic may perform the role until one can be elected, at the request of the Chamber.
# The Chamber of Deputies and the Senäts may discuss their business in person, by mail, by telephone, by electronic messaging, or by any combination of the above. All discussions of the Chamber and Senäts shall be public, unless there is a proven reason to keep them secret for reasons of national security.
# Each House is sovereign in the conduct of its business. Each House shall conduct its business in accordance with its own Standing Orders, which shall be adopted by majority vote of that House and made public.
# The meetings of both Houses of Parlamînt, and the votes cast by all members in those Houses, are public. Decisions of each House require a majority of votes cast unless this Constitution provides otherwise.
# Factual and precise reports of the public meetings of the Houses of Parlamînt and of their committees shall not give rise to any liability.
# The Chamber of Deputies and Senäts and their committees can require the presence of the Seneschál and any minister or secretary of the Government. The Seneschál, the ministers, and secretaries have the right to be present at the sittings of the Chamber of Deputies and Senäts and their committees.
# A Joint Session of Parlamînt can be called by joint agreement of both the Túischac'h and the Mençéi. Alternatively, a Joint Session of Parlamînt may be called by Executive Order, unless vetoed by either the Túischac'h or the Mençéi. Members of both Houses shall be provided with three days' notice of any Joint Session.
# The purpose for calling a Joint Session of Parlamînt shall be specified; whether it is to listen to a speech, for the Seneschál's Question Time, or to pass an emergency bill. The Session will end once the specified business has been completed.
# The quorum for a Joint Session of Parlamînt shall be at least 3 Members of Parliament, including at least one Deputy and one Senator. A Joint Session of Parlamînt is granted the powers of both houses of Parlamînt.
# The Joint Session shall be chaired by the Túischac’h, or if the Túischac’h is absent, by the Mençéi. If neither the Túischac'h or the Mençéi are present, the President of the Republic shall chair but shall have no vote. If called to pass an emergency bill, Joint Sessions shall be held under the Standing Orders of the Chamber of Deputies unless Parlamînt otherwise decides.
# If a Joint Session of Parlamînt has been called specifically for the Seneschál's Question Time, then the Session shall end if 24 hours have passed since the last question has been answered by the Seneschál, and no other question has been asked. A Session called for the Seneschál's Question Time may also be closed by joint agreement of the Túischac'h and the Mençéi.
# A proposal for legislation (or bill) shall pass both the Chamber of Deputies and the Senäts by simple majority vote, except for constitutional amendments, which shall be dealt with as below.
## Bills may be presented to the Chamber by any Deputy; to the Senäts by any Senator; to the Chamber by the Mençéi after having been passed legitimately by the Senäts; to the Senäts by the Túischac'h after having been passed legitimately by the Chamber; or to the Chamber by the chair of any Provincial legislature after having been passed legitimately by that legislature.
# The Constitution can be amended only by a law that expressly amends or supplements the text thereof. The amending bill must specify which portion or portions of the Constitution it is amending. Such law requires the affirmative vote of two-thirds of the members of the Chamber of Deputies.
# Bills which authorise taxation of the citizens of the Republic, or spending of public money, must originate in the Chamber of Deputies.
# A bill (other than a Constitutional Amendment) introduced in, and passed by, the Chamber of Deputies shall be passed to the Senäts, who may:
## return the bill to the Chamber with suggested amendments;
## pass the bill to the President, with a recommendation that it either:
### be promulgated;
### be put to referendum;
### be rejected.
# A bill (other than a Constitutional Amendment) introduced in, and passed by, the Senäts shall be passed to the Chamber of Deputies, who may:
## return the bill to the Senäts with suggested amendments;
## reject the bill;
## pass the bill to the President, with a recommendation that it either:
### be promulgated;
### be put to referendum;
# A bill adopted by one House, returned to that House by the other House for amendment, and then passed again by the original House without amendment may not be returned, but shall either be passed to the President or (in the case of a bill originating in the Senäts) rejected.
# A bill to amend the Constitution shall be debated according to sections 28-30 above, except that instead of being passed to the President by one House after being adopted by the other House, it shall be passed to the Secretary of State who will put the bill to referendum.
# A bill (apart from a bill to amend the Constitution) shall become law once the President promulgates it (that is, publicly announces his assent) and the Secretary of State shall thereupon publish it as law. The President shall have deemed to have promulgated any bill on which he takes no action for seven days.
# If the President refuses to promulgate a bill, the Secretary of State shall pass that bill back to Parlamînt for amendment. If Parlamînt passes the bill once again unamended, and the President still refuses to promulgate the bill, the Secretary of State shall present that bill to the people in a referendum as provided by law.
# Legislation approved in a referendum shall be deemed to have been promulgated without need for the President’s signature, and shall be published as law by the Secretary of State.
# The Seneschál may from time to time instruct the Secretary of State to publish texts of the Constitution and Laws, updated with all amendments.
# The Chamber of Deputies may impeach the President, the Secretary of State or any Senator before the Court of Justice for wilful violation of the law, or for conduct which brings the Talossan Republic into disrepute. At least one-fourth of the Deputies must bring the motion for impeachment forward. The decision to impeach requires a majority of twothirds of the Deputies. A person appointed by the impeachment conducts the prosecution.
# If the Court of Justice finds the defendant guilty of a wilful violation of any law, it may declare him or her to have forfeited his or her office. After impeachment, it may issue a temporary order barring the defendant from exercising the powers of his or her office, or from being elected, re-elected or appointed to any public office for a period no greater than one year.
# Referendums are the procedure by which the people of the Republic as a whole endorse or reject extraordinary decisions of the institutions of state, including but not limited to constitutional amendments, pardons, the resolutions of legislative deadlocks, or the appointments of extraordinary Senators.
# Referendums shall be open to participation by all Talossan electors, and conducted by a secret ballot. The details of their conduct shall be established by law, including provisions for both two-choice and multi-choice ballots.
# A binding or advisory referendum may be declared on any subject by Executive Order.
===ARTICLE 4===
# The executive power of the Republic shall be exercised by the Government (in the national language, el Governmaíntsch).
# The Government consists of a Prime Minister (in the national language, el Seneschál) and a number of Ministers. The President and the Secretary of State shall not be members of the Government.
# The Government has the power and responsibility, subject to the Law of the Republic, to:
## ensure that the laws of the Republic are carried out;
## administer the common property, intellectual, financial, digital, physical and otherwise of the Republic;
## set policy and provide day-to-day leadership and for the Republic;
## carry out any other responsibilities which are granted by law.
# The Seneschál is the Head of the Government. He or she is appointed and dismissed by the President of the Republic, and shall appoint the other members of the Government, known as Ministers. The Seneschál may also delegate Government functions to civil officials outside the Government, known as Secretaries.
# The Seneschál has power and responsibility, subject to the Law of the Republic, to:
## appoint and dismiss the Ministers and any Secretaries;
## chair meetings of the Government;
## make sure that the Government and all its members, as well as Secretaries, carry out their functions;
## take the leading role in establishing Government policy;
## define the roles of individual Ministers and Secretaries, to the extent that they are not already defined by law;
## approve the text of all Government-sponsored bills;
## account to the President and Parlamint for the general performance of the Government, and for that of Secretaries;
## perform the functions of any Minister or Secretary who fails to carry out that function, whether because of absence, negligence, or any other reason;
## carry out any other responsibilities which are granted by law.
# Each Minister shall have the power and responsibility, subject to the Law of the Republic:
## to carry out the functions assigned to them by the Laws of the Republic and by the Seneschál;
## to participate in the functions of the Government as a whole, as described in section 3 above;
## to account to Parlamint for their individual performance.
# The Government of the Republic is collectively and individually responsible to both the President and Parlamînt. The members of the Government hold office while they retain the confidence of the Chamber of Deputies. The Government and any individual members thereof may be censured by the Chamber of Deputies or the Senäts.
# Any power granted by the laws of the Republic to the Government, to the Seneschál or to an individual Minister may be exercised instead by a civil official outside the Government designated by the Seneschál, known as a Secretary. Secretaries may not set policy, nor exercise any powers not specifically granted by law to the Minister whom they take the place of. The Seneschál shall be responsible to Parlamînt for their performance. They may be censured by the Chamber of Deputies or the Senäts.
# If the Seneschál resigns or is dismissed, all the Ministers and Secretaries shall also be deemed to have resigned.
# The Seneschál and the other ministers may recommend and appoint Deputy Ministers to exercise specific delegated functions. The Deputy Seneschál shall be called el Distáin in the national language. Deputy Ministers shall be Acting Ministers in the absence of the primary Minister. Outgoing ministers may recommend their successors.
# Executive Orders must be co-signed by both President and Seneschál. They may be overturned by the Chamber of Deputies.
# The Government shall regularly confer in person, by mail, by telephone, by electronic messaging, or by any combination of the above.
# The Government makes its decisions by majority vote. In case of a tie, the vote of the Seneschál shall be decisive.
# Every new Seneschál shall, within a week of assuming office, give an Address from the Incoming Government to a joint session of Parlamînt.
# Parlamînt may set age limits by law to exercise any function or role of the Government, its members or subordinates, which requires handling money or conformity with the law of other jurisdictions.
# The Secretary of State is the pre-eminent civil official of the Republic. The Secretary of State shall be nominated by the President and confirmed in office by a 2/3 majority of the Chamber of Deputies. He or she shall shall be of eighteen full calendar years of age or older and not be the President, or a member of the Government, the Chamber of Deputies, or the Court of Justice. He or she may participate in all the debates of the Senäts, but shall have no vote.
# The President shall nominate a new Secretary of State on the first business day of January every year, and also whenever the office becomes vacant. A sitting Secretary of State may be re-nominated.
# The Secretary of State shall have the power and responsibility, subject to the Law of the Republic:
## to conduct Presidential and Parliamentary elections in accordance with law;
## to keep a register of all citizens of the Republic, and of which citizens are qualified to be Senators;
## to act as chief legal advisor to the Government;
## to keep an updated public archive of the Constitution and Laws of the Republic;
## to carry out any other responsibilities which are granted by law.
==TITLE III==
# The judicial power of the Republic shall be exercised by the Court of Justice (in the national language: el Cort dàl Xhuricinâ), and by any other courts of the Republic which shall be established as provided for in this Constitution.
# The Court of Justice shall be composed a committee of Senators (known as Justices, or in the national language Cadìns) acceptable to both parties in any dispute that may arise. Other Courts, subordinate to the Court of Justice, may be established by law.
# Parlamînt may establish by law:
## a maximum number of Justices;
## procedures for bringing cases to the Court of Justice, and for the conduct of hearings before that Court.
# Unless overruled by law as in section 3 above, the Senäts shall determine procedures for bringing cases to the Court of Justice, and for the conduct of hearings before that Court.
# The Secretary of State shall publish and archive the decisions of the Court of Justice, the reasons for those decisions, and any minority opinions. Any other Courts established by law shall nominate a Clerk to carry out the same function.
# The Court of Justice shall have sole jurisdiction:
## on the interpretation of this Constitution in the event of disputes concerning the extent of rights and duties;
## in cases of differences of opinion or doubts on the formal and material compatibility of Republic law or provincial law with this Constitution;
## in cases of differences of opinion on the rights and duties of the Republic and the provinces;
## in cases where the decision is of basic value for the consistency of the management of justice;
## as established otherwise in this Constitution.
# The Government shall appoint a Minister, to be known as the Attorney-General, to represent it in any suits that may be brought in the Court of Justice.
# Other courts may be established by law for the areas of ordinary, administrative, finance, labour, and social jurisdiction. Decisions of these courts may be appealed to the Court of Justice.
# The judges of other Courts are subject only to the law, and can be removed from office only under authority of a judicial decision and only on grounds and in the form provided for by law.
# Extraordinary courts are prohibited. No one may be removed from the authority of his or her lawful judge. Only a law may establish courts for special areas of jurisdiction.
# No Court shall decree any punishment more severe than expulsion from the Republic. The Court of Justice alone may decree expulsion from the Republic.
# All Courts shall make their decisions by majority vote.


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==TITLE IV==
1. The State comprises those institutions set up by general consent of the citizens of the
# While one House of Parlamînt is not in session, or is inquorate, the other House shall assume all functions of Parlamînt, given that it has a quorum itself.
Talossan Republic, to embody the collective will and act in the collective interests of those
# In the absence of the President, the Senäts shall elect a President Pro-Tempore with a 2/3 majority and a quorum of at least 3. The term of the President Pro-Tempore shall last until the President returns, or until the next regularly scheduled Presidential election.
citizens.
# A petition of no less than 40% of current citizens of the Republic shall be sufficient to declare a General Assembly of the Republic, which shall have the power to suspend the Constitution and rule by direct democracy.
2. Moreover:
# If there is neither an active President nor a quorate House of Parlamînt, and if there are still more than 5 active citizens, the citizens may elect a Politbureau consisting of three persons for the coordination of all adminstrative and other tasks.
a. The functions of the State are divided between the President, the Government, the
# Emergency provisions shall cease to have effect as soon as the Constitutional order is restored. If the Constitutional order is not restored by the time of the next scheduled election, a General Assembly of all citizens shall be convened as under section 3 above.
Chamber of Deputies, the Senäts, and the Secretary of State.
b. Any person performing a role under this Constitution may resign their post by
publically informing one or more of the President, Parlamînt and/or Secretary of
State. Any person performing a role under this Constitution who is absent without
explanation for one full calendar month or more shall be deemed to have resigned.
3. The Law of the Talossan Republic shall consist of the following, in order of priority:
a. this Constitution;
b. legislation passed by Parlamînt according to this Constitution;
c. decisions of the Court of Justice;
d. Executive Orders.
4. The Law of the Talossan Republic must be clear and comprehensible to the average citizen.
1. The President of the Republic (in the national language: el Prüm Citaxhien) is the Head of
State and provides strategic and long-term leadership for the Republic.
2. The President has the power and responsibility, subject to the Law of the Republic:
a. to defend the Republic, its Constitution and laws, and the institutions established by
the Constitution and laws;
b. to supervise the actions of the Government;
c. to put into effect the laws passed by Parlamînt;
d. with the advice and consent of the Government, to represent the Republic to foreign
entities, and accredit ambassadors and other representatives of the Republic to such
entities;
e. to pardon those convicted of a crime by the judicial powers, subject to confirmation
of any pardon by a referendum;
f. to make a “State of the Republic” speech to a joint session of Parlamînt, at the first
meeting of Parlamînt after the President’s election;
g. any other responsibilities which are granted by law.
3. The President is chosen by all Talossan electors, by universal, direct, free, equal and secret
preferential ballot. Details of the conduct of such elections shall be established by law.
4. Every Talossan citizen of eighteen full calendar years of age or older who has fulfilled one
or more of the following criteria is eligible for election as President of the Republic:
a. He or she has been a Talossan citizen for a total of at least two years, or:
b. He or she has served as a Member of either house of Parlamînt for a total of at least
one year, or:
c. He or she has served for a total of at least six months as any of the following:
Seneschál, a Minister, Secretary of State, Mençei, Túischac’h or Justice of the Court
of Justice.
5. The President may not be a member of Parlamînt.
6. The office of the President of the Republic shall become vacant on the first day of June
every year. The Secretary of State shall arrange for the election of a new President to be
completed between May 1 and May 31.
7. No person may be re-elected to more than two consecutive terms as President.
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1. The legislative power of the Republic of Talossa shall be exercised by a Parliament (in the
national language, el Parlamînt).
2. The Parlamînt consists of a Chamber of Deputies (in the national language, la Camera dels
Deputats), representing the democratic will of the Talossan nation; and a Senate (in the
national language, el Senäts), representing Talossan tradition and the collective memory of
long-term Talossans. Members of the Chamber of Deputies shall be known as Deputies (in
the national language, Deputats). Members of the Senäts shall be known as Senators (in the
national language, Senatôrs).
3. No Deputy shall at the same time be a Senator.
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4. The Chamber of Deputies shall be elected by all electors voting as a single electorate, by a
method of proportional representation. Elections shall be universal, direct, free, equal and
secret, and the details of their conduct shall be established by law.
5. The Chamber of Deputies shall be elected to a six month term. The Secretary of State shall
commence preparations for a new general election immediately upon the dissolution of the
Chamber.
6. Moreover:
a. The President of the Republic shall dissolve the Chamber no later than six calendar
months after the election of that Chamber, and summon the new Chamber to meet as
soon as practicable after its election.
b. The President may dissolve the Chamber at an earlier date than specified in section a)
above, by means of an Executive Order co-signed by the Seneschál.
c. The President may dissolve the Chamber at an earlier date than specified in section a)
above without the consent of the Seneschál, if the Seneschál has lost the confidence
of the Chamber of Deputies.
7. Any elector of the Republic not otherwise disqualified by this Constitution can be elected to
the Chamber of Deputies.
8. Until Parlamînt otherwise decides, the number of seats in the Chamber of Deputies shall be
five.
9. Parlamînt may by law establish procedures for elections to fill vacancies that occur from
time to time in the Chamber, to be known as by-elections.
10. No seat in the Chamber shall be filled by a candidate who has not been directly
chosen by the voters, either individually or as a named member of a party list.
2
11.The Senäts of the Republic shall consist of all former Presidents, Senescháis and Court
Justices who have held that office for at least one half of a full term, who do not currently
hold elected office, and have not been impeached or otherwise judicially barred. The current
Secretary of State will be a non-voting member.
12. Not including the sitting President and the Deputies, other citizens may be named to
the Senäts by law. Any law appointing a Senator shall mandate a term of office for that
Senator of no more than 2 years, and be endorsed in referendum.
13. The Senäts shall be in continuous session, as long as it has a quorum.
-
14.Changes in the size of either House of Parlamînt shall only come into effect at the next
election of that House.
15. The quorum for both Houses shall be 3 members.
16.The Chamber of Deputies and the Senäts shall each elect a Chair (called the Túischac’h and
Mençéi respectively) from among their members who will organise the business of that
house, keep a published archive of the proceedings and decisions of that House, and enforce
the Standing Orders of that House. Neither Chair shall be a member of the Government. If
there is no Mençéi, the Secretary of State may perform the role until one can be elected, at
the request of the Senäts. If there is no Túischac'h, the President of the Republic may
perform the role until one can be elected, at the request of the Chamber.
17.The Chamber of Deputies and the Senäts may discuss their business in person, by mail, by
telephone, by electronic messaging, or by any combination of the above. All discussions of
the Chamber and Senäts shall be public, unless there is a proven reason to keep them secret
for reasons of national security.
18.Each House is sovereign in the conduct of its business. Each House shall conduct its
business in accordance with its own Standing Orders, which shall be adopted by majority
vote of that House and made public.
19. The meetings of both Houses of Parlamînt, and the votes cast by all members in those
Houses, are public. Decisions of each House require a majority of votes cast unless this
Constitution provides otherwise.
20. Factual and precise reports of the public meetings of the Houses of Parlamînt and of
their committees shall not give rise to any liability.
21.The Chamber of Deputies and Senäts and their committees can require the presence of the
Seneschál and any minister or secretary of the Government. The Seneschál, the ministers,
and secretaries have the right to be present at the sittings of the Chamber of Deputies and
Senäts and their committees.
3
22. A Joint Session of Parlamînt can be called by joint agreement of both the Túischac'h
and the Mençéi. Alternatively, a Joint Session of Parlamînt may be called by Executive
Order, unless vetoed by either the Túischac'h or the Mençéi. Members of both Houses shall
be provided with three days' notice of any Joint Session.
23. The purpose for calling a Joint Session of Parlamînt shall be specified; whether it is
to listen to a speech, for the Seneschál's Question Time, or to pass an emergency bill. The
Session will end once the specified business has been completed.
24. The quorum for a Joint Session of Parlamînt shall be at least 3 Members of
Parliament, including at least one Deputy and one Senator. A Joint Session of Parlamînt is
granted the powers of both houses of Parlamînt.
25. The Joint Session shall be chaired by the Túischac’h, or if the Túischac’h is absent,
by the Mençéi. If neither the Túischac'h or the Mençéi are present, the President of the
Republic shall chair but shall have no vote. If called to pass an emergency bill, Joint Sessions
shall be held under the Standing Orders of the Chamber of Deputies unless Parlamînt
otherwise decides.
26. If a Joint Session of Parlamînt has been called specifically for the Seneschál's
Question Time, then the Session shall end if 24 hours have passed since the last question has
been answered by the Seneschál, and no other question has been asked. A Session called for
the Seneschál's Question Time may also be closed by joint agreement of the Túischac'h and
the Mençéi.
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27.A proposal for legislation (or bill) shall pass both the Chamber of Deputies and the Senäts
by simple majority vote, except for constitutional amendments, which shall be dealt with as
below.
a. Bills may be presented to the Chamber by any Deputy; to the Senäts by any Senator;
to the Chamber by the Mençéi after having been passed legitimately by the Senäts; to
the Senäts by the Túischac'h after having been passed legitimately by the Chamber;
or to the Chamber by the chair of any Provincial legislature after having been passed
legitimately by that legislature.
28. The Constitution can be amended only by a law that expressly amends or
supplements the text thereof. The amending bill must specify which portion or portions of
the Constitution it is amending. Such law requires the affirmative vote of two-thirds of the
members of the Chamber of Deputies.
29. Bills which authorise taxation of the citizens of the Republic, or spending of public
money, must originate in the Chamber of Deputies.
30. A bill (other than a Constitutional Amendment) introduced in, and passed by, the
Chamber of Deputies shall be passed to the Senäts, who may:
a. return the bill to the Chamber with suggested amendments;
b. pass the bill to the President, with a recommendation that it either:
i. be promulgated;
ii. be put to referendum;
iii.be rejected.
31.A bill (other than a Constitutional Amendment) introduced in, and passed by, the Senäts
shall be passed to the Chamber of Deputies, who may:
a. return the bill to the Senäts with suggested amendments;
b. reject the bill;
c. pass the bill to the President, with a recommendation that it either:
i. be promulgated;
ii. be put to referendum;
32. A bill adopted by one House, returned to that House by the other House for
amendment, and then passed again by the original House without amendment may not be
returned, but shall either be passed to the President or (in the case of a bill originating in the
Senäts) rejected.
33. A bill to amend the Constitution shall be debated according to sections 28-30 above,
except that instead of being passed to the President by one House after being adopted by the
other House, it shall be passed to the Secretary of State who will put the bill to referendum.
34. A bill (apart from a bill to amend the Constitution) shall become law once the
President promulgates it (that is, publicly announces his assent) and the Secretary of State
shall thereupon publish it as law. The President shall have deemed to have promulgated any
bill on which he takes no action for seven days.
35. If the President refuses to promulgate a bill, the Secretary of State shall pass that bill
back to Parlamînt for amendment. If Parlamînt passes the bill once again unamended, and
the President still refuses to promulgate the bill, the Secretary of State shall present that bill
to the people in a referendum as provided by law.
36. Legislation approved in a referendum shall be deemed to have been promulgated
without need for the President’s signature, and shall be published as law by the Secretary of
State.
37.The Seneschál may from time to time instruct the Secretary of State to publish texts of the
Constitution and Laws, updated with all amendments.
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38. The Chamber of Deputies may impeach the President, the Secretary of State or any
Senator before the Court of Justice for wilful violation of the law, or for conduct which
brings the Talossan Republic into disrepute. At least one-fourth of the Deputies must bring
the motion for impeachment forward. The decision to impeach requires a majority of twothirds
of the Deputies. A person appointed by the impeachment conducts the prosecution.
39. If the Court of Justice finds the defendant guilty of a wilful violation of any law, it
may declare him or her to have forfeited his or her office. After impeachment, it may issue a
temporary order barring the defendant from exercising the powers of his or her office, or
from being elected, re-elected or appointed to any public office for a period no greater than
one year.
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40. Referendums are the procedure by which the people of the Republic as a whole
endorse or reject extraordinary decisions of the institutions of state, including but not limited
to constitutional amendments, pardons, the resolutions of legislative deadlocks, or the
appointments of extraordinary Senators.
41.Referendums shall be open to participation by all Talossan electors, and conducted by a
secret ballot. The details of their conduct shall be established by law, including provisions for
both two-choice and multi-choice ballots.
42. A binding or advisory referendum may be declared on any subject by Executive
Order.
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1. The executive power of the Republic shall be exercised by the Government (in the national
language, el Governmaíntsch).
2. The Government consists of a Prime Minister (in the national language, el Seneschál) and a
number of Ministers. The President and the Secretary of State shall not be members of the
Government.
3. The Government has the power and responsibility, subject to the Law of the Republic, to:
a. ensure that the laws of the Republic are carried out;
b. administer the common property, intellectual, financial, digital, physical and
otherwise of the Republic;
c. set policy and provide day-to-day leadership and for the Republic;
d. carry out any other responsibilities which are granted by law.
4. The Seneschál is the Head of the Government. He or she is appointed and dismissed by the
President of the Republic, and shall appoint the other members of the Government, known as
Ministers. The Seneschál may also delegate Government functions to civil officials outside
the Government, known as Secretaries.
5. The Seneschál has power and responsibility, subject to the Law of the Republic, to:
a. appoint and dismiss the Ministers and any Secretaries;
b. chair meetings of the Government;
c. make sure that the Government and all its members, as well as Secretaries, carry out
their functions;
d. take the leading role in establishing Government policy;
e. define the roles of individual Ministers and Secretaries, to the extent that they are not
already defined by law;
f. approve the text of all Government-sponsored bills;
g. account to the President and Parlamint for the general performance of the
Government, and for that of Secretaries;
h. perform the functions of any Minister or Secretary who fails to carry out that
function, whether because of absence, negligence, or any other reason;
i. carry out any other responsibilities which are granted by law.
6. Each Minister shall have the power and responsibility, subject to the Law of the Republic:
a. to carry out the functions assigned to them by the Laws of the Republic and by the
Seneschál;
b. to participate in the functions of the Government as a whole, as described in section
3 above;
c. to account to Parlamint for their individual performance.
7. The Government of the Republic is collectively and individually responsible to both the
President and Parlamînt. The members of the Government hold office while they retain the
confidence of the Chamber of Deputies. The Government and any individual members
thereof may be censured by the Chamber of Deputies or the Senäts.
8. Any power granted by the laws of the Republic to the Government, to the Seneschál or to an
individual Minister may be exercised instead by a civil official outside the Government
designated by the Seneschál, known as a Secretary. Secretaries may not set policy, nor
exercise any powers not specifically granted by law to the Minister whom they take the place
of. The Seneschál shall be responsible to Parlamînt for their performance. They may be
censured by the Chamber of Deputies or the Senäts.
9. If the Seneschál resigns or is dismissed, all the Ministers and Secretaries shall also be
deemed to have resigned.
10. The Seneschál and the other ministers may recommend and appoint Deputy Ministers
to exercise specific delegated functions. The Deputy Seneschál shall be called el Distáin in
the national language. Deputy Ministers shall be Acting Ministers in the absence of the
primary Minister. Outgoing ministers may recommend their successors.
11.Executive Orders must be co-signed by both President and Seneschál. They may be
overturned by the Chamber of Deputies.
12. The Government shall regularly confer in person, by mail, by telephone, by electronic
messaging, or by any combination of the above.
13. The Government makes its decisions by majority vote. In case of a tie, the vote of the
Seneschál shall be decisive.
14.Every new Seneschál shall, within a week of assuming office, give an Address from the
Incoming Government to a joint session of Parlamînt.
15. Parlamînt may set age limits by law to exercise any function or role of the
Government, its members or subordinates, which requires handling money or conformity
with the law of other jurisdictions.
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16.The Secretary of State is the pre-eminent civil official of the Republic. The Secretary of
State shall be nominated by the President and confirmed in office by a 2/3 majority of the
Chamber of Deputies. He or she shall shall be of eighteen full calendar years of age or older
and not be the President, or a member of the Government, the Chamber of Deputies, or the
Court of Justice. He or she may participate in all the debates of the Senäts, but shall have no
vote.
17.The President shall nominate a new Secretary of State on the first business day of January
every year, and also whenever the office becomes vacant. A sitting Secretary of State may be
re-nominated.
18.The Secretary of State shall have the power and responsibility, subject to the Law of the
Republic:
a. to conduct Presidential and Parliamentary elections in accordance with law;
b. to keep a register of all citizens of the Republic, and of which citizens are qualified to
be Senators;
c. to act as chief legal advisor to the Government;
d. to keep an updated public archive of the Constitution and Laws of the Republic;
e. to carry out any other responsibilities which are granted by law.
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1. The judicial power of the Republic shall be exercised by the Court of Justice (in the national
language: el Cort dàl Xhuricinâ), and by any other courts of the Republic which shall be
established as provided for in this Constitution.
2. The Court of Justice shall be composed a committee of Senators (known as Justices, or in
the national language Cadìns) acceptable to both parties in any dispute that may arise. Other
Courts, subordinate to the Court of Justice, may be established by law.
3. Parlamînt may establish by law:
a. a maximum number of Justices;
b. procedures for bringing cases to the Court of Justice, and for the conduct of hearings
before that Court.
4. Unless overruled by law as in section 3 above, the Senäts shall determine procedures for
bringing cases to the Court of Justice, and for the conduct of hearings before that Court.
5. The Secretary of State shall publish and archive the decisions of the Court of Justice, the
reasons for those decisions, and any minority opinions. Any other Courts established by law
shall nominate a Clerk to carry out the same function.
6. The Court of Justice shall have sole jurisdiction:
a. on the interpretation of this Constitution in the event of disputes concerning the
extent of rights and duties;
b. in cases of differences of opinion or doubts on the formal and material compatibility
of Republic law or provincial law with this Constitution;
c. in cases of differences of opinion on the rights and duties of the Republic and the
provinces;
d. in cases where the decision is of basic value for the consistency of the management
of justice;
e. as established otherwise in this Constitution.
7. The Government shall appoint a Minister, to be known as the Attorney-General, to represent
it in any suits that may be brought in the Court of Justice.
8. Other courts may be established by law for the areas of ordinary, administrative, finance,
labour, and social jurisdiction. Decisions of these courts may be appealed to the Court of
Justice.
9. The judges of other Courts are subject only to the law, and can be removed from office only
under authority of a judicial decision and only on grounds and in the form provided for by
law.
10. Extraordinary courts are prohibited. No one may be removed from the authority of
his or her lawful judge. Only a law may establish courts for special areas of jurisdiction.
11.No Court shall decree any punishment more severe than expulsion from the Republic. The
Court of Justice alone may decree expulsion from the Republic.
12. All Courts shall make their decisions by majority vote.
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1. While one House of Parlamînt is not in session, or is inquorate, the other House shall assume
all functions of Parlamînt, given that it has a quorum itself.
2. In the absence of the President, the Senäts shall elect a President Pro-Tempore with a 2/3
majority and a quorum of at least 3. The term of the President Pro-Tempore shall last until
the President returns, or until the next regularly scheduled Presidential election.
3. A petition of no less than 40% of current citizens of the Republic shall be sufficient to
declare a General Assembly of the Republic, which shall have the power to suspend the
Constitution and rule by direct democracy.
4. If there is neither an active President nor a quorate House of Parlamînt, and if there are still
more than 5 active citizens, the citizens may elect a Politbureau consisting of three persons
for the coordination of all adminstrative and other tasks.
5. Emergency provisions shall cease to have effect as soon as the Constitutional order is
restored. If the Constitutional order is not restored by the time of the next scheduled election,
a General Assembly of all citizens shall be convened as under section 3 above.


[[Category:History]][[Category:Republic]]
[[Category:History]][[Category:Republic]]

Latest revision as of 12:53, 3 January 2020

The Constitution of the Republic of Talossa was the governing document of the Republic of Talossa. It was adopted on 14 April 2005/XXVI, after a referendum was held on the proposal drafted by the 2005 Constitutional Convention. Ninety percent of the citizens of the Republic voted in the referendum, which resulted in a one hundred percent approval of the document. A major revision came into force on 1 June 2010/XXXI, after a referendum was held on the proposal drafted by the 2012 Constitutional Convention, which amended the provincial assignment code and completely replaced Title II.

This was the text at the time of the Reunision and dissolution of the Republic, as it was last modified on 21 November 2011/XXXII.

La Constituziun dal Repúblicâ Talossán

It is the right of Talossans everywhere to keep and preserve their peace, their liberty, their freedom, and, as such, we Talossans hereby stand together as one, united in our assertion that Talossa is a great community, much greater than the sum of its parts; a community wrought not by one man, but by all Talossans everywhere, throughout her history; a community that will survive on the blood, sweat, and tears of her people for-ever. We Talossans hereby declare that we are a free people and a free community and, above all, a free nation dedicated to Talossan ideals.

THEREFORE the sovereign and right government of the Republic of Talossa enacts as follows:

TITLE I: POINTS OF STATE.

ARTICLE 1: The Republic.

  1. The name of the State, in the national language, is la Repúblicâ Talossán. In English, the name of the State is The Republic of Talossa, citizens of which shall be referred to hereafter as ‘Talossans’.
  2. The Republic of Talossa is a democratic, secular and social federal state. All state authority emanates from the people. The population, by means of elections and referendums, exercises this authority.
  3. Moreover:
    1. The historic territory of the Talossan nation consists of the land south of Edgewood Avenue, east and north of the Milwaukee River, and west of the Talossan Sea, as well as l’Île Cézembre / Enez Kezember.
    2. In this constitution, “the national territory” shall be taken to mean the jurisdiction of the Talossan Republic, which will be set by act of Parlamînt, subject to approval by referendum. Any such Act shall specify the precise physical boundaries of the territory in question.
  4. The National Flag of Talossa is the green and red vertical bicolour with four stars arranged in a diamond in the centre of the flag. The green stands for democracy and its virtue; the red for the people and their tenacity. The four stars stand for the four provinces which seceded from the Kingdom of Talossa on 1 June, 2004/xxv/I.
  5. The Coat of Arms of Talossa shall exist in two forms: the Lesser State Arms and the Greater State Arms. The precise depiction of the Greater and Lesser State arms shall be adopted by law. Either form of the Coat of Arms of Talossa may be used for official and patriotic purposes.
  6. The official motto of the Republic shall be Aude Aliquid Dignum; in the national language, Defisetz Qualse’cosâ Denâ; in English, Dare Something Worthy.
  7. The national language shall be the Talossan language. English shall be permissible as a useful second language.
  8. The capital of the Republic is the Mitchell Building, Pórt Maxhestic Province.
  9. The political parties of the Republic participate in the formation of the political spirit of the people. Their internal organisation must conform to democratic ethics. They must openly report their finances.
  10. Parties that seek to harm or destroy the free democratic basic order or to imperil the survival of the Republic are unconstitutional.
  11. The civil officials are servants of the whole community. To all civil officials freedom of political opinion and of association are assured.
  12. If a civil official in the exercise of the authority conferred upon him or her by law fails to perform his or her official duty, the accountability is assumed by the province or public corporation in whose service the official is.
  13. The general regulations of public international law form part of Republic law. They take priority over the laws of the Republic. Actions undertaken with the aim of disturbing peaceful associations between nations are unconstitutional.
  14. This Constitution shall be the supreme law of the Republic. All laws which contradict this Constitution are invalid to the extent of that contradiction.

ARTICLE 2: Citizenship.

  1. As at the ratification of this Constitution, the citizens of the Republic of Talossa shall be the signers of the Proclamation of Independence; as well as all those individuals who have been granted citizenship under the jurisdiction of the Provisional Governing Council.
  2. Hereinafter, citizenship shall be determined by law.
  3. No member of the former royal family of Talossa, the House of Rouergue, shall be admitted as a citizen of the Republic.
  4. Throughout this Constitution, the words “Talossan citizen” shall apply only to citizens of the Republic, but shall include any Talossan citizenship prior to the passing of this Constitution.
  5. All those citizens of the Republic of fourteen full calendar years of age or older (hereafter known as “the electors of Talossa”) shall be entitled to vote in any elections and referendums authorised by the Constitutions and Laws of the Republic.

ARTICLE 3: The Provinces.

  1. The founding Provinces of the Republic of Talossa shall be Cézembre, Florenciâ, Maricopa, Maritiimi, and Pórt Maxhestic.
  2. Moreover:
    1. Every citizen of the Republic who lives outside the territory of any Province shall be assigned to a Province by act of Parlamînt.
    2. The “citizens of a Province” shall include all citizens resident in the territory of that province, as well as any non-resident citizen assigned to that Province.
  3. Parlamînt shall assign non-resident citizens to provinces on the basis of their geographical residence. The assignment of citizens to a province shall not be changed without the approval of that province’s legislature, if any. A citizen may appeal their provincial assignment to the judicial powers on the grounds of natural justice or cultural incompatibility.
  4. Each Province’s executive, legislative and judicial powers shall be exercised in accordance with a Provincial constitution, adopted by a majority in referendum of no less than two-thirds of the citizens of that Province.
  5. New provinces may be formed by Parlamînt from any territory which may be claimed in future by the Republic under Title One, Article One of this constitution. New provinces may be formed by Parlamînt out of the territory of existing provinces, on the motion of:
    1. a petition of citizens either resident in or assigned to the territory concerned, and with;
    2. the consent of the legislature(s) (if these exist) of the province(s) affected.
  6. Moreover:
    1. The provinces have the power to legislate or take executive decisions on any subject concerning which this Constitution does not bestow exclusive legislative powers on the Republic.
    2. If the Republic does not exercise its executive or legislative authority in an area which this Constitution entitles it to do so, the right of authority remains with the provinces. This does not apply in cases where the Republic is granted exclusive authority.
  7. Each Province has the exclusive authority over:
    1. its forms of government;
    2. its cultural, social and linguistic identity, including the choice and use of other optional languages, natural or constructed;
    3. . provincial postal and telecommunication services.
  8. The Republic has the exclusive authority over:
    1. Foreign affairs as well as defence;
    2. Citizenship;
    3. Freedom of movement, immigration and emigration, and extradition;
    4. Currency, money, and coinage;
    5. National postal and telecommunication services;
    6. The employment of those in Republic organisations;
    7. Industrial and intellectual property rights;
    8. Colonial policy.
  9. In all other matters, decisions of the Federal Government and Parlamînt shall take precedence over decisions of the Provinces. The High Court shall arbitrate in any dispute between Federal and Provincial governments or legislatures, and its decision shall be final.
  10. The officers directly charged with the administration of Republic affairs in any province shall, as a rule, be citizens of that province. Notwithstanding this, a Province may request that a provincial office be exercised by the Republic’s counterpart of that office, even if he or she is not a citizen of that Province.

ARTICLE 4: Declaration of Freedoms and Protections.

  1. The rights granted by this Article shall apply to all citizens of the Republic, and also to all those who register with the Government as prospective citizens according to law.
  2. No decision of the Government, or of any Minister or government official, may override these rights. These rights form part of the Constitution of the Republic.
  3. Any citizen may seek redress in the Courts against the Government, or any citizen or corporation of the Republic, for violation of these rights.
  4. All persons are equal before the law. This is the right of individual value.
  5. No one may be prejudiced or favoured due to sex, parentage, race, language, homeland or origin, faith, religious or political opinions, or sexual orientation.
  6. Everyone has the right to the free progress of his or her person insofar he or she does not violate the rights of others or violate any law within the Republic.
  7. Everyone has the right to life and to the sanctity of his or her person. The right of individual value is sacred.
  8. Everyone has the right freely to express and to propagate his or her belief by speech, writing, and pictures and freely to inform him or herself from publicly available sources.
  9. Freedom of the press and of reporting by electronic communications is guaranteed. There shall be no censorship. Secrecy of all communications is sacred. Restrictions may be ordered only pursuant to a law.
  10. Freedoms of faith and of conscience, and freedom of creed, religious or ideological, are sacred. The undisturbed practice of religion is guaranteed.
  11. The government shall neither endorse or support any organized religious group, nor make any practice that may reasonably be seen as an endorsement.
  12. All Talossans have the right to form associations and societies.
  13. Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international relations, are prohibited.
  14. The right to form labour associations is guaranteed to everyone and to all trades and professions. Agreements that confine or seek to obstruct this right are null and void.
  15. All Talossans have the right to assemble peacefully without prior notification or permission.
  16. Every Talossan has the right to petition the suitable authorities or to their representatives. This right may be exercised by individuals as well as by several persons together.
  17. It shall be the right of all citizens to vote on or after their fourteenth birthday.
  18. The home is sacred. Searches may be ordered only by a judge and may be carried out only in the mode set by law. Otherwise, this sacredness may be encroached upon or limited only to avoid a common danger to individuals.
  19. The right to ownership of and the protection of property is guaranteed but implies duties.
  20. Intellectual labour, the rights of the author, the inventor, the composer, and the artist enjoy the special protection and care of the Republic.
  21. The products of Talossan scholarship, art, and technical science shall also be recognized and protected abroad through international agreement.
  22. Insofar as under this Constitution a basic right may be restricted by or only pursuant to a law, the law must apply generally and not solely to an individual case. Furthermore, the law must name the basic right, indicating the article.
  23. In no case may a basic right be infringed upon in its essential content.
  24. The basic rights apply also to corporations established under Talossan public law to the extent that the nature of such rights permits.
  25. The freedom of the individual may be restricted only in accord with the formal law and only with appropriate regard to the law.
  26. Any person charged with an offence must be brought before a judge the day following the charge. From there, the detainee shall be informed of the reasons for the charge. and be given an opportunity to raise objection.
  27. In the courts everyone is entitled to a hearing in accordance with the law.
  28. An act can be punished only if it was a punishable offence by law prior to the act.
  29. No one may be punished for the same act more than once in pursuance of general penal legislation.
  30. Bills of attainder are illegal. A bill of attainder is a legislative act which inflicts punishment without judicial trial and includes any legislative act which takes away the rights of a particular named or easily ascertainable person or group of persons without due process before the courts.

TITLE II: THE INSTITUTIONS OF STATE.

ARTICLE 1

  1. The State comprises those institutions set up by general consent of the citizens of the Talossan Republic, to embody the collective will and act in the collective interests of those citizens.
  2. Moreover:
    1. The functions of the State are divided between the President, the Government, the Chamber of Deputies, the Senäts, and the Secretary of State.
    2. Any person performing a role under this Constitution may resign their post by publically informing one or more of the President, Parlamînt and/or Secretary of State. Any person performing a role under this Constitution who is absent without explanation for one full calendar month or more shall be deemed to have resigned.
  3. The Law of the Talossan Republic shall consist of the following, in order of priority:
    1. this Constitution;
    2. legislation passed by Parlamînt according to this Constitution;
    3. decisions of the Court of Justice;
    4. Executive Orders.
  4. The Law of the Talossan Republic must be clear and comprehensible to the average citizen.

ARTICLE 2

  1. The President of the Republic (in the national language: el Prüm Citaxhien) is the Head of State and provides strategic and long-term leadership for the Republic.
  2. The President has the power and responsibility, subject to the Law of the Republic:
    1. to defend the Republic, its Constitution and laws, and the institutions established by the Constitution and laws;
    2. to supervise the actions of the Government;
    3. to put into effect the laws passed by Parlamînt;
    4. with the advice and consent of the Government, to represent the Republic to foreign entities, and accredit ambassadors and other representatives of the Republic to such entities;
    5. to pardon those convicted of a crime by the judicial powers, subject to confirmation of any pardon by a referendum;
    6. to make a “State of the Republic” speech to a joint session of Parlamînt, at the first meeting of Parlamînt after the President’s election;
    7. any other responsibilities which are granted by law.
  3. The President is chosen by all Talossan electors, by universal, direct, free, equal and secret preferential ballot. Details of the conduct of such elections shall be established by law.
  4. Every Talossan citizen of eighteen full calendar years of age or older who has fulfilled one or more of the following criteria is eligible for election as President of the Republic:
    1. He or she has been a Talossan citizen for a total of at least two years, or:
    2. He or she has served as a Member of either house of Parlamînt for a total of at least one year, or:
    3. He or she has served for a total of at least six months as any of the following: Seneschál, a Minister, Secretary of State, Mençei, Túischac’h or Justice of the Court of Justice.
  5. The President may not be a member of Parlamînt.
  6. The office of the President of the Republic shall become vacant on the first day of June every year. The Secretary of State shall arrange for the election of a new President to be completed between May 1 and May 31.
  7. No person may be re-elected to more than two consecutive terms as President.

ARTICLE 3

  1. The legislative power of the Republic of Talossa shall be exercised by a Parliament (in the national language, el Parlamînt).
  2. The Parlamînt consists of a Chamber of Deputies (in the national language, la Camera dels Deputats), representing the democratic will of the Talossan nation; and a Senate (in the national language, el Senäts), representing Talossan tradition and the collective memory of long-term Talossans. Members of the Chamber of Deputies shall be known as Deputies (in the national language, Deputats). Members of the Senäts shall be known as Senators (in the national language, Senatôrs).
  3. No Deputy shall at the same time be a Senator.
  4. The Chamber of Deputies shall be elected by all electors voting as a single electorate, by a method of proportional representation. Elections shall be universal, direct, free, equal and secret, and the details of their conduct shall be established by law.
  5. The Chamber of Deputies shall be elected to a six month term. The Secretary of State shall commence preparations for a new general election immediately upon the dissolution of the Chamber.
  6. Moreover:
    1. The President of the Republic shall dissolve the Chamber no later than six calendar months after the election of that Chamber, and summon the new Chamber to meet as soon as practicable after its election.
    2. The President may dissolve the Chamber at an earlier date than specified in section a) above, by means of an Executive Order co-signed by the Seneschál.
    3. The President may dissolve the Chamber at an earlier date than specified in section a) above without the consent of the Seneschál, if the Seneschál has lost the confidence of the Chamber of Deputies.
  7. Any elector of the Republic not otherwise disqualified by this Constitution can be elected to the Chamber of Deputies.
  8. Until Parlamînt otherwise decides, the number of seats in the Chamber of Deputies shall be five.
  9. Parlamînt may by law establish procedures for elections to fill vacancies that occur from time to time in the Chamber, to be known as by-elections.
  10. No seat in the Chamber shall be filled by a candidate who has not been directly chosen by the voters, either individually or as a named member of a party list.
  11. The Senäts of the Republic shall consist of all former Presidents, Senescháis and Court Justices who have held that office for at least one half of a full term, who do not currently hold elected office, and have not been impeached or otherwise judicially barred. The current Secretary of State will be a non-voting member.
  12. Not including the sitting President and the Deputies, other citizens may be named to the Senäts by law. Any law appointing a Senator shall mandate a term of office for that Senator of no more than 2 years, and be endorsed in referendum.
  13. The Senäts shall be in continuous session, as long as it has a quorum.
  14. Changes in the size of either House of Parlamînt shall only come into effect at the next election of that House.
  15. The quorum for both Houses shall be 3 members.
  16. The Chamber of Deputies and the Senäts shall each elect a Chair (called the Túischac’h and Mençéi respectively) from among their members who will organise the business of that house, keep a published archive of the proceedings and decisions of that House, and enforce the Standing Orders of that House. Neither Chair shall be a member of the Government. If there is no Mençéi, the Secretary of State may perform the role until one can be elected, at the request of the Senäts. If there is no Túischac'h, the President of the Republic may perform the role until one can be elected, at the request of the Chamber.
  17. The Chamber of Deputies and the Senäts may discuss their business in person, by mail, by telephone, by electronic messaging, or by any combination of the above. All discussions of the Chamber and Senäts shall be public, unless there is a proven reason to keep them secret for reasons of national security.
  18. Each House is sovereign in the conduct of its business. Each House shall conduct its business in accordance with its own Standing Orders, which shall be adopted by majority vote of that House and made public.
  19. The meetings of both Houses of Parlamînt, and the votes cast by all members in those Houses, are public. Decisions of each House require a majority of votes cast unless this Constitution provides otherwise.
  20. Factual and precise reports of the public meetings of the Houses of Parlamînt and of their committees shall not give rise to any liability.
  21. The Chamber of Deputies and Senäts and their committees can require the presence of the Seneschál and any minister or secretary of the Government. The Seneschál, the ministers, and secretaries have the right to be present at the sittings of the Chamber of Deputies and Senäts and their committees.
  22. A Joint Session of Parlamînt can be called by joint agreement of both the Túischac'h and the Mençéi. Alternatively, a Joint Session of Parlamînt may be called by Executive Order, unless vetoed by either the Túischac'h or the Mençéi. Members of both Houses shall be provided with three days' notice of any Joint Session.
  23. The purpose for calling a Joint Session of Parlamînt shall be specified; whether it is to listen to a speech, for the Seneschál's Question Time, or to pass an emergency bill. The Session will end once the specified business has been completed.
  24. The quorum for a Joint Session of Parlamînt shall be at least 3 Members of Parliament, including at least one Deputy and one Senator. A Joint Session of Parlamînt is granted the powers of both houses of Parlamînt.
  25. The Joint Session shall be chaired by the Túischac’h, or if the Túischac’h is absent, by the Mençéi. If neither the Túischac'h or the Mençéi are present, the President of the Republic shall chair but shall have no vote. If called to pass an emergency bill, Joint Sessions shall be held under the Standing Orders of the Chamber of Deputies unless Parlamînt otherwise decides.
  26. If a Joint Session of Parlamînt has been called specifically for the Seneschál's Question Time, then the Session shall end if 24 hours have passed since the last question has been answered by the Seneschál, and no other question has been asked. A Session called for the Seneschál's Question Time may also be closed by joint agreement of the Túischac'h and the Mençéi.
  27. A proposal for legislation (or bill) shall pass both the Chamber of Deputies and the Senäts by simple majority vote, except for constitutional amendments, which shall be dealt with as below.
    1. Bills may be presented to the Chamber by any Deputy; to the Senäts by any Senator; to the Chamber by the Mençéi after having been passed legitimately by the Senäts; to the Senäts by the Túischac'h after having been passed legitimately by the Chamber; or to the Chamber by the chair of any Provincial legislature after having been passed legitimately by that legislature.
  28. The Constitution can be amended only by a law that expressly amends or supplements the text thereof. The amending bill must specify which portion or portions of the Constitution it is amending. Such law requires the affirmative vote of two-thirds of the members of the Chamber of Deputies.
  29. Bills which authorise taxation of the citizens of the Republic, or spending of public money, must originate in the Chamber of Deputies.
  30. A bill (other than a Constitutional Amendment) introduced in, and passed by, the Chamber of Deputies shall be passed to the Senäts, who may:
    1. return the bill to the Chamber with suggested amendments;
    2. pass the bill to the President, with a recommendation that it either:
      1. be promulgated;
      2. be put to referendum;
      3. be rejected.
  31. A bill (other than a Constitutional Amendment) introduced in, and passed by, the Senäts shall be passed to the Chamber of Deputies, who may:
    1. return the bill to the Senäts with suggested amendments;
    2. reject the bill;
    3. pass the bill to the President, with a recommendation that it either:
      1. be promulgated;
      2. be put to referendum;
  32. A bill adopted by one House, returned to that House by the other House for amendment, and then passed again by the original House without amendment may not be returned, but shall either be passed to the President or (in the case of a bill originating in the Senäts) rejected.
  33. A bill to amend the Constitution shall be debated according to sections 28-30 above, except that instead of being passed to the President by one House after being adopted by the other House, it shall be passed to the Secretary of State who will put the bill to referendum.
  34. A bill (apart from a bill to amend the Constitution) shall become law once the President promulgates it (that is, publicly announces his assent) and the Secretary of State shall thereupon publish it as law. The President shall have deemed to have promulgated any bill on which he takes no action for seven days.
  35. If the President refuses to promulgate a bill, the Secretary of State shall pass that bill back to Parlamînt for amendment. If Parlamînt passes the bill once again unamended, and the President still refuses to promulgate the bill, the Secretary of State shall present that bill to the people in a referendum as provided by law.
  36. Legislation approved in a referendum shall be deemed to have been promulgated without need for the President’s signature, and shall be published as law by the Secretary of State.
  37. The Seneschál may from time to time instruct the Secretary of State to publish texts of the Constitution and Laws, updated with all amendments.
  38. The Chamber of Deputies may impeach the President, the Secretary of State or any Senator before the Court of Justice for wilful violation of the law, or for conduct which brings the Talossan Republic into disrepute. At least one-fourth of the Deputies must bring the motion for impeachment forward. The decision to impeach requires a majority of twothirds of the Deputies. A person appointed by the impeachment conducts the prosecution.
  39. If the Court of Justice finds the defendant guilty of a wilful violation of any law, it may declare him or her to have forfeited his or her office. After impeachment, it may issue a temporary order barring the defendant from exercising the powers of his or her office, or from being elected, re-elected or appointed to any public office for a period no greater than one year.
  40. Referendums are the procedure by which the people of the Republic as a whole endorse or reject extraordinary decisions of the institutions of state, including but not limited to constitutional amendments, pardons, the resolutions of legislative deadlocks, or the appointments of extraordinary Senators.
  41. Referendums shall be open to participation by all Talossan electors, and conducted by a secret ballot. The details of their conduct shall be established by law, including provisions for both two-choice and multi-choice ballots.
  42. A binding or advisory referendum may be declared on any subject by Executive Order.

ARTICLE 4

  1. The executive power of the Republic shall be exercised by the Government (in the national language, el Governmaíntsch).
  2. The Government consists of a Prime Minister (in the national language, el Seneschál) and a number of Ministers. The President and the Secretary of State shall not be members of the Government.
  3. The Government has the power and responsibility, subject to the Law of the Republic, to:
    1. ensure that the laws of the Republic are carried out;
    2. administer the common property, intellectual, financial, digital, physical and otherwise of the Republic;
    3. set policy and provide day-to-day leadership and for the Republic;
    4. carry out any other responsibilities which are granted by law.
  4. The Seneschál is the Head of the Government. He or she is appointed and dismissed by the President of the Republic, and shall appoint the other members of the Government, known as Ministers. The Seneschál may also delegate Government functions to civil officials outside the Government, known as Secretaries.
  5. The Seneschál has power and responsibility, subject to the Law of the Republic, to:
    1. appoint and dismiss the Ministers and any Secretaries;
    2. chair meetings of the Government;
    3. make sure that the Government and all its members, as well as Secretaries, carry out their functions;
    4. take the leading role in establishing Government policy;
    5. define the roles of individual Ministers and Secretaries, to the extent that they are not already defined by law;
    6. approve the text of all Government-sponsored bills;
    7. account to the President and Parlamint for the general performance of the Government, and for that of Secretaries;
    8. perform the functions of any Minister or Secretary who fails to carry out that function, whether because of absence, negligence, or any other reason;
    9. carry out any other responsibilities which are granted by law.
  6. Each Minister shall have the power and responsibility, subject to the Law of the Republic:
    1. to carry out the functions assigned to them by the Laws of the Republic and by the Seneschál;
    2. to participate in the functions of the Government as a whole, as described in section 3 above;
    3. to account to Parlamint for their individual performance.
  7. The Government of the Republic is collectively and individually responsible to both the President and Parlamînt. The members of the Government hold office while they retain the confidence of the Chamber of Deputies. The Government and any individual members thereof may be censured by the Chamber of Deputies or the Senäts.
  8. Any power granted by the laws of the Republic to the Government, to the Seneschál or to an individual Minister may be exercised instead by a civil official outside the Government designated by the Seneschál, known as a Secretary. Secretaries may not set policy, nor exercise any powers not specifically granted by law to the Minister whom they take the place of. The Seneschál shall be responsible to Parlamînt for their performance. They may be censured by the Chamber of Deputies or the Senäts.
  9. If the Seneschál resigns or is dismissed, all the Ministers and Secretaries shall also be deemed to have resigned.
  10. The Seneschál and the other ministers may recommend and appoint Deputy Ministers to exercise specific delegated functions. The Deputy Seneschál shall be called el Distáin in the national language. Deputy Ministers shall be Acting Ministers in the absence of the primary Minister. Outgoing ministers may recommend their successors.
  11. Executive Orders must be co-signed by both President and Seneschál. They may be overturned by the Chamber of Deputies.
  12. The Government shall regularly confer in person, by mail, by telephone, by electronic messaging, or by any combination of the above.
  13. The Government makes its decisions by majority vote. In case of a tie, the vote of the Seneschál shall be decisive.
  14. Every new Seneschál shall, within a week of assuming office, give an Address from the Incoming Government to a joint session of Parlamînt.
  15. Parlamînt may set age limits by law to exercise any function or role of the Government, its members or subordinates, which requires handling money or conformity with the law of other jurisdictions.
  16. The Secretary of State is the pre-eminent civil official of the Republic. The Secretary of State shall be nominated by the President and confirmed in office by a 2/3 majority of the Chamber of Deputies. He or she shall shall be of eighteen full calendar years of age or older and not be the President, or a member of the Government, the Chamber of Deputies, or the Court of Justice. He or she may participate in all the debates of the Senäts, but shall have no vote.
  17. The President shall nominate a new Secretary of State on the first business day of January every year, and also whenever the office becomes vacant. A sitting Secretary of State may be re-nominated.
  18. The Secretary of State shall have the power and responsibility, subject to the Law of the Republic:
    1. to conduct Presidential and Parliamentary elections in accordance with law;
    2. to keep a register of all citizens of the Republic, and of which citizens are qualified to be Senators;
    3. to act as chief legal advisor to the Government;
    4. to keep an updated public archive of the Constitution and Laws of the Republic;
    5. to carry out any other responsibilities which are granted by law.

TITLE III

  1. The judicial power of the Republic shall be exercised by the Court of Justice (in the national language: el Cort dàl Xhuricinâ), and by any other courts of the Republic which shall be established as provided for in this Constitution.
  2. The Court of Justice shall be composed a committee of Senators (known as Justices, or in the national language Cadìns) acceptable to both parties in any dispute that may arise. Other Courts, subordinate to the Court of Justice, may be established by law.
  3. Parlamînt may establish by law:
    1. a maximum number of Justices;
    2. procedures for bringing cases to the Court of Justice, and for the conduct of hearings before that Court.
  4. Unless overruled by law as in section 3 above, the Senäts shall determine procedures for bringing cases to the Court of Justice, and for the conduct of hearings before that Court.
  5. The Secretary of State shall publish and archive the decisions of the Court of Justice, the reasons for those decisions, and any minority opinions. Any other Courts established by law shall nominate a Clerk to carry out the same function.
  6. The Court of Justice shall have sole jurisdiction:
    1. on the interpretation of this Constitution in the event of disputes concerning the extent of rights and duties;
    2. in cases of differences of opinion or doubts on the formal and material compatibility of Republic law or provincial law with this Constitution;
    3. in cases of differences of opinion on the rights and duties of the Republic and the provinces;
    4. in cases where the decision is of basic value for the consistency of the management of justice;
    5. as established otherwise in this Constitution.
  7. The Government shall appoint a Minister, to be known as the Attorney-General, to represent it in any suits that may be brought in the Court of Justice.
  8. Other courts may be established by law for the areas of ordinary, administrative, finance, labour, and social jurisdiction. Decisions of these courts may be appealed to the Court of Justice.
  9. The judges of other Courts are subject only to the law, and can be removed from office only under authority of a judicial decision and only on grounds and in the form provided for by law.
  10. Extraordinary courts are prohibited. No one may be removed from the authority of his or her lawful judge. Only a law may establish courts for special areas of jurisdiction.
  11. No Court shall decree any punishment more severe than expulsion from the Republic. The Court of Justice alone may decree expulsion from the Republic.
  12. All Courts shall make their decisions by majority vote.

TITLE IV

  1. While one House of Parlamînt is not in session, or is inquorate, the other House shall assume all functions of Parlamînt, given that it has a quorum itself.
  2. In the absence of the President, the Senäts shall elect a President Pro-Tempore with a 2/3 majority and a quorum of at least 3. The term of the President Pro-Tempore shall last until the President returns, or until the next regularly scheduled Presidential election.
  3. A petition of no less than 40% of current citizens of the Republic shall be sufficient to declare a General Assembly of the Republic, which shall have the power to suspend the Constitution and rule by direct democracy.
  4. If there is neither an active President nor a quorate House of Parlamînt, and if there are still more than 5 active citizens, the citizens may elect a Politbureau consisting of three persons for the coordination of all adminstrative and other tasks.
  5. Emergency provisions shall cease to have effect as soon as the Constitutional order is restored. If the Constitutional order is not restored by the time of the next scheduled election, a General Assembly of all citizens shall be convened as under section 3 above.