Law:El Lexhatx: Difference between revisions
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:8.3. If during an election to the Cosâ, an elector vote for a party that is not registered, and that this vote cannot be attributed to another party, this vote shall be considered “spoiled ballot”. Any electors may contest this in Cort. | :8.3. If during an election to the Cosâ, an elector vote for a party that is not registered, and that this vote cannot be attributed to another party, this vote shall be considered “spoiled ballot”. Any electors may contest this in Cort. | ||
9. The Secretary of State, or his appointed agent, shall charge a registration fee of 6¤40 (six louise and forty bence, equivalent to $10 USD) to each political party in forthcoming elections. Any Party or Parties which fail or refuse to pay the fee shall be deemed not registered. ([[53RZ22]]) ([[48PD02]]) ([[42RZ14]]) | 9. The Secretary of State, or his appointed agent, shall charge a registration fee of 6¤40 (six louise and forty bence, equivalent to $10 USD) to each political party, and a registration fee of 3¤20 (three louise and twenty bence, equivalent to $5 USD) to each successful candidate in a Senäts election. in forthcoming elections. Any Party or Parties which fail or refuse to pay the fee shall be deemed not registered, and no successful candidate in a Senäts election shall be declared elected until they pay the fee. ([[55RZ4]]) ([[53RZ22]]) ([[48PD02]]) ([[42RZ14]]) | ||
:9.1. The fee may only be paid by: | :9.1. The fee may only be paid by: | ||
::9.1.1. Sending a Money Order, Cash or Cheque by snail mail to the Burgermeister of Inland Revenue: Only fees which have been received in full, by the Burgermeister of Inland Revenue will be deemed paid. Fees that are in transit, delayed, lost in the mail or not received by the Burgermeister of Inland Revenue for any reason, shall not count as paid fees, even if accompanied with proof of postage. Payments made by Money Order or Cheque shall not be deemed as paid until they have been cleared, the Burgermeister of Inland Revenue, will notify the nation when such fees have cleared or if said payments have bounced. If a party’s cheque or money order bounces, they shall be liable to pay costs incurred by the Kingdom for their payment bouncing and shall not be registered until their fee plus these costs have been paid. | ::9.1.1. Sending a Money Order, Cash or Cheque by snail mail to the Burgermeister of Inland Revenue: Only fees which have been received in full, by the Burgermeister of Inland Revenue will be deemed paid. Fees that are in transit, delayed, lost in the mail or not received by the Burgermeister of Inland Revenue for any reason, shall not count as paid fees, even if accompanied with proof of postage. Payments made by Money Order or Cheque shall not be deemed as paid until they have been cleared, the Burgermeister of Inland Revenue, will notify the nation when such fees have cleared or if said payments have bounced. If a party’s or successful candidate's cheque or money order bounces, they shall be liable to pay costs incurred by the Kingdom for their payment bouncing and shall not be registered until their fee plus these costs have been paid. ([[55RZ4]]) | ||
::9.1.2. PayPal: Fees may be paid by electronically transferring the appropriate funds into the Kingdom of Talossa’s PayPal account managed by | ::9.1.2. PayPal: Fees may be paid by electronically transferring the appropriate funds into the Kingdom of Talossa’s PayPal account managed by the Burgermeister of Inland Revenue. The Burgermeister of Inland Revenue is to notify all Political Parties in advance of the Election of details regarding the PayPal account into which they may deposit their fee. Once a fee has been received by the Burgermeister of Inland Revenue from a party or successful candidate, he shall notify the Nation publicly that said fee has been received and arrange for said fee to be deposited in the Kingdom’s Account. ([[55RZ4]]) | ||
::9.1.3. Payment directly to the Burgermeister of Inland Revenue: Payment may be made directly in person to the Burgermeister of Inland Revenue, by cash, cheque or money order. The Burgermeister of Inland Revenue shall notify the nation which such payments have been received. The policy of Cheque and Money orders in 9.2.1. applies equally in this instance. | ::9.1.3. Payment directly to the Burgermeister of Inland Revenue: Payment may be made directly in person to the Burgermeister of Inland Revenue, by cash, cheque or money order. The Burgermeister of Inland Revenue shall notify the nation which such payments have been received. The policy of Cheque and Money orders in 9.2.1. applies equally in this instance. | ||
:9.2. Once a fee has been received by the Burgermeister of Inland Revenue | :9.2. Once a fee has been received by the Burgermeister of Inland Revenue and/or their appointed agents, it is not refundable for any reason. If, however, a party or successful candidate overpays or pays more than once for any given election period, excess fees may be credited to the party or successful candidate against their next payment of fees or refunded, at the discretion of the Burgermeister of Inland Revenue, minus any fees or costs incurred. ([[55RZ4]]) | ||
:9.3. A Senator who was not elected, but appointed under the provisions of Organic Law III.7, will not be liable for any fee. ([[55RZ4]]) | |||
10. Notwithstanding the purely traditional practice of "keeping the polls open" till midnight of the last day of an election (or of a month, for Clark purposes), the Secretary of State is hereby instructed to keep a sort-of conventional "business day" where the deadline for any official business (ballots, Clarks, etc.) is set at 7:30 p.m. of the day in question. ([[16RC3]]) | 10. Notwithstanding the purely traditional practice of "keeping the polls open" till midnight of the last day of an election (or of a month, for Clark purposes), the Secretary of State is hereby instructed to keep a sort-of conventional "business day" where the deadline for any official business (ballots, Clarks, etc.) is set at 7:30 p.m. of the day in question. ([[16RC3]]) | ||
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:14.9. A candidate may not be assigned ballots after he has been eliminated. A ballot that would otherwise be reassigned to an eliminated candidate is instead assigned to the highest-ranked candidate that has not been eliminated, or treated as an abstention according to B.14.8. | :14.9. A candidate may not be assigned ballots after he has been eliminated. A ballot that would otherwise be reassigned to an eliminated candidate is instead assigned to the highest-ranked candidate that has not been eliminated, or treated as an abstention according to B.14.8. | ||
15.1 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. | |||
==C. The Royal Civil Service== | ==C. The Royal Civil Service== | ||
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:2.1. The Seneschal, heading the Prüma Ministrà (Prime Ministry), is responsible for the overall operation and performance of the government, and shall perform all duties assigned to his office by Organic Law. All other Cabinet officers are appointed by the Seneschal (Prime Minister), serve at his pleasure, are responsible to him, and derive their powers from him. Accordingly, anything that any Minister can do (officially), the Seneschal may (if he desires) do himself. | :2.1. The Seneschal, heading the Prüma Ministrà (Prime Ministry), is responsible for the overall operation and performance of the government, and shall perform all duties assigned to his office by Organic Law. All other Cabinet officers are appointed by the Seneschal (Prime Minister), serve at his pleasure, are responsible to him, and derive their powers from him. Accordingly, anything that any Minister can do (officially), the Seneschal may (if he desires) do himself. | ||
::2.1.1 | ::2.1.1. The Ziu strongly urges the current and future Prime Ministers of Talossa to use the power of the Prime Dictate with caution and respect, limiting its usage to memorials, congratulatory notices, internal Government organization, executive policy clarification, and other appropriate and limited governmental matters, and leave legislation solely for democratic consideration by the whole Ziu. ([[55RZ10]]) ([[24RZ48]]) | ||
:2.2. The Distain, who shall serve in the Prime Ministry as deputy to the Seneschal, and shall perform such duties as are delegated to him by the Seneschal. All acts thus delegated and performed shall have the same effect as if performed by the Seneschal himself. | :2.2. The Distain, who shall serve in the Prime Ministry as deputy to the Seneschal, and shall perform such duties as are delegated to him by the Seneschal. All acts thus delegated and performed shall have the same effect as if performed by the Seneschal himself. | ||
:2.3 The Interior Minister | :2.3 The Interior Minister, who shall: oversee immigration policy and head the Bureau of Immigration; act as the liaison between the national government and the provincial governments; assist in the organisation of Living Cosâs; provide governmental assistance to the organisers of TalossaFest celebrations; provide governmental assistance to all citizens making the Haxh; provide counsel to the Seneschal and other ministers in ever maintaining the connection and bond of Talossans worldwide to their homeland; and shall, generally, be responsible for the order and well-being of the homeland and its environs. ([[53RZ28]]) ([[53RZ22]]) ([[55RZ2]]) | ||
::2.3.1. El Büreu dàl Înmigraziun (the Bureau of Immigration), which shall be responsible for the execution of the nation's laws appertaining to immigration of new citizens into the realm and shall work to attempt to increase quality and quantity of immigration applications. This bureau shall be responsible for the integration of new citizens into their new Talossan lives and shall work to find ways to most effectively involve new citizens in Talossan affairs. This Bureau shall work closely with the Chancery and its Bureau of the Census to ensure that all incoming citizens are properly processed through immigration as provided by law. ([[54RZ20]]) ([[53RZ28]]) ([[55RZ2]]) | |||
:2.4. The Minister of Defence, leading the Ministry of Defence, which shall marshal and provide the Invincible Moral Support of the nation to the good and right side of any international conflict, as determined by the government, conveying to the combatants our proud "we would stand with you, but it's safer to stand behind you" stance. The Defence Minister shall command the armed forces of the Kingdom during peacetime and during times of declared war, subservient in these duties only to the King in his majesty's organic role as Leader of the Armed Forces. During the latter periods, the Defence Minister is to be referred to as "War Minister." As detailed in Title I, the Bureau of Defence shall include: ([[53RZ28]]) | :2.4. The Minister of Defence, leading the Ministry of Defence, which shall marshal and provide the Invincible Moral Support of the nation to the good and right side of any international conflict, as determined by the government, conveying to the combatants our proud "we would stand with you, but it's safer to stand behind you" stance. The Defence Minister shall command the armed forces of the Kingdom during peacetime and during times of declared war, subservient in these duties only to the King in his majesty's organic role as Leader of the Armed Forces. During the latter periods, the Defence Minister is to be referred to as "War Minister." As detailed in Title I, the Bureau of Defence shall include: ([[53RZ28]]) | ||
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:2.7. The Minister of Culture, heading the Ministry of Culture, who shall promote Talossan culture, including our national language, our musical and sporting heritage, our mythical Berber connections, and all of our other quirks. The Ministrà dal Cúlturâ (Ministry of Culture) shall include: ([[50RZ9]]) | :2.7. The Minister of Culture, heading the Ministry of Culture, who shall promote Talossan culture, including our national language, our musical and sporting heritage, our mythical Berber connections, and all of our other quirks. The Ministrà dal Cúlturâ (Ministry of Culture) shall include: ([[50RZ9]]) | ||
::2.7.1. | ::2.7.1. Repealed by 55RZ11 ([[55RZ11]]) | ||
::2.7.2. The Büreu del Glheþ Talossán (Language Bureau), administered by the Ladintsch Naziunál. This Bureau shall specifically promote the use of the Talossan language, shall work in concert with all extra-governmental societies and groups to do the same, and shall advise the Department of the Census in the Chancery regarding the creation of Talossan names for citizens who request them. Within the Büreu there shall be a division known as the Talossan Translation Service whose task shall be to translate official or historical documents into el Glheþ Talossan. | ::2.7.2. The Büreu del Glheþ Talossán (Language Bureau), administered by the Ladintsch Naziunál. This Bureau shall specifically promote the use of the Talossan language, shall work in concert with all extra-governmental societies and groups to do the same, and shall advise the Department of the Census in the Chancery regarding the creation of Talossan names for citizens who request them. Within the Büreu there shall be a division known as the Talossan Translation Service whose task shall be to translate official or historical documents into el Glheþ Talossan. | ||
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:::2.8.1.1 setting and implementing the economic policies of the Kingdom, and directing the investment of that portion of the Royal Treasury set aside by authorized budgeting act of the Ziu (all of which said investments shall be executed in fact by the Burgermeister of Inland Revenue, an Officer of the Royal Household); | :::2.8.1.1 setting and implementing the economic policies of the Kingdom, and directing the investment of that portion of the Royal Treasury set aside by authorized budgeting act of the Ziu (all of which said investments shall be executed in fact by the Burgermeister of Inland Revenue, an Officer of the Royal Household); | ||
:::2.8.1.2. The Finance Minister with the assistance of the Burgermeister of Inland Revenue shall deliver a Financial Report at the | :::2.8.1.2. The Finance Minister with the assistance of the Burgermeister of Inland Revenue shall deliver a Financial Report at the same time as the Budget for each Cosa ([[55RZ10]]). This Report shall be required to contain the following information: ([[38RZ15]]) | ||
::::2.8.1.2.1. the amount, location, liquidity, and availability of all funds held by or for the Royal Treasury, | ::::2.8.1.2.1. the amount, location, liquidity, and availability of all funds held by or for the Royal Treasury, | ||
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::::2.8.1.2.3. a balance sheet which clearly lists all expenses linking them to the relative sheet items in the budget bills approved in the Cosa, | ::::2.8.1.2.3. a balance sheet which clearly lists all expenses linking them to the relative sheet items in the budget bills approved in the Cosa, | ||
::::2.8.1.2.4 | ::::2.8.1.2.4. the total amount of louise and postal items in circulation. ([[55RZ10]]) | ||
::2.8.2. The Finance Minister also serves as the Chairman of the Banqeu es Post Rexhital (Royal Bank & Post) unless he gets too lazy and appoints a Chairman. The Royal Bank and Post is responsible for issuing and regulating the currency and postal paraphernalia of the Kingdom. | ::2.8.2. The Finance Minister also serves as the Chairman of the Banqeu es Post Rexhital (Royal Bank & Post) unless he gets too lazy and appoints a Chairman. The Royal Bank and Post is responsible for issuing and regulating the currency and postal paraphernalia of the Kingdom. | ||
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:::2.8.2.11 Banking Operations. The Royal Bank & Post is empowered to act as a banking facility to serve citizens of the Kingdom of Talossa. The deposit and lending policies of the Bank shall be freely established by the Royal Bank & Post but may be modified by law by action of the Ziu. The safety of all funds deposited with the Royal Bank & Post shall be guaranteed by the government. ([[47RZ13]]) | :::2.8.2.11 Banking Operations. The Royal Bank & Post is empowered to act as a banking facility to serve citizens of the Kingdom of Talossa. The deposit and lending policies of the Bank shall be freely established by the Royal Bank & Post but may be modified by law by action of the Ziu. The safety of all funds deposited with the Royal Bank & Post shall be guaranteed by the government. ([[47RZ13]]) | ||
:2. | ::2.8.3. The Minister of Finance (or, if the Minister of Finance is not a Member of the Cosa, an MC designated by the Minister of Finance) shall be required to submit to the Ziu, in time for consideration by the second Clark of the Cosa, a government bill approved by the whole Cabinet, to be entitled the Budget and Financial Planning Bill for the (X)th Cosa, which shall contain the following: | ||
:::2.8.3.1. the Financial Report as required in D.2.8.1.1; | |||
:::2.8.3.2. a detailed Budget of the Kingdom of Talossa, listing all planned expenses of the State through the current Cosa, specifying the amounts to be requisitioned for each Cabinet Ministry or Officer of the Royal Household and the purpose of each such expense, sufficient to provide for all expenses of the Kingdom of Talossa until the next budget shall be presented, during the subsequent Cosa; | |||
:::2.8.3.3. any amount of the Treasury to be set aside for investment, and the investment policy that will be pursued; | |||
:::2.8.3.4. the total amount in louise of any planned currency minting and printing, and postage issuance to be executed by the Royal Bank & Post during the term of the current Cosa; | |||
:::2.8.3.5. the total amount in louise of any planned donations proposed to be requested from Talossan citizens towards the upkeep of the State. Neither this nor any other section of el Lexhatx shall be interpreted in such a way as to require compulsory taxation or mandatory donations of any kind. | |||
::2. | ::2.8.4. The Budget of the Kingdom of Talossa shall always include funds for re-imbursing the Talossan Web Registrant and others for any payments towards domain registration and hosting on talossa.com and other government run websites made during the previous Cosa term that were not re-imbursed during the previous Cosa term, provided that the government or the previous government has been informed about these payments properly and on time. | ||
::2. | ::2.8.5 All withdrawals from the Royal Treasury (except as provided for by D.2.8.6, below) must be authorized by action of the Ziu approving the expense for which the withdrawal is made, either in the Budget and Financial Planning Bill required by D.2.8.3 above, or by supplemental budgeting legislation. In accordance with such authorized budgeted expenses, the Government of the day is empowered to requisition such funds from the Royal Treasury (said withdrawal to be performed in fact only by the Burgermeister of Internal Revenue or an authorised deputy). | ||
::2. | ::2.8.6. Emergency Spending. During times when any budgeted funds have been exhausted, when no budget has been approved due to rejection by the Ziu, lack of the Financial Report or dissolution of the Cosa without action on a budget; the Prime Minister may issue a Prime Dictate to provide only for emergency spending, but may not act to cause withdrawal of funds from the Royal Treasury to fulfill the terms of any Prime Dictate unless and until the King has explicitly assented to the Prime Dictate. | ||
::2.8.7. Spending Authority Removal. At any time before an allocation is disbursed by the Burgermeister of Inland Revenue, members representing at least one-third of the Cosâ by seats may petition the government that such spending shall not be incurred until such issuance shall be ordered by an act of the Ziu. The Burgermeister of Inland Revenue shall be required to grant all such petitions until such time as an act of the Ziu restores the funding. | |||
::2.8.8. The Minister of Finance may take such actions as might be necessary to create, manage, and promote a voluntary fundraising campaign to the citizens of Talossa and other interested parties each year. The targeted amount for this campaign shall be the amount given in D.2.8.3.5. Unless otherwise authorized by the Ziu, the fundraising campaign will be concluded in a given term once that targeted amount is reached. Unless otherwise authorized by the Ziu, no more than one fundraising campaign per term will be conducted. | |||
::2.8.9. The Minister of Finance shall publish information as to the value of the Talossan louis against other currencies as and when necessary, desired or requested. ([[55RZ10]]) | |||
:2.9 The Finance Minister shall create a Register of Talossan Enterprises, available to all Talossan citizens. Any Talossan who produces goods and services, whether commercially or as a hobby, may provide a description, no longer than 100 words, of their enterprise together with their contact details, for the purposes of advertisement and information. An enterprise shall be removed from the register at the request of the registrant; or by a determination by the Finance Minister that the enterprise is no longer active, or not of a character with which the Kingdom of Talossa wishes to be associated. Such determinations shall be subject to judicial review. ([[55RZ10]]) | |||
:2.10.The Minister of Stuff, heading the Ministry of Stuff (Ministrà del Sanavar da Talossa al Ultra-Fiôvân Folâs), which shall be responsible for the internal and external promotion of the Kingdom, all events therein and all things Talossan through public relations, and shall dutifully ensure that the Kingdom and its events are regularly publicised and may use any means and media available to them to achieve this. ([[55RZ1]]) | |||
::2.10.1. The Ministry of Stuff shall be responsible for the content and administration of the publicly-readable Internet presence of the Kingdom, excluding those websites under explicit jurisdiction of other entities of the Kingdom as described in El Lexhátx A.20 or elsewhere in El Lexhátx. They shall be directly responsible for the content of one or more websites named as the 'official' website(s) of the Kingdom, and ensuring the availability, for all Talossans, of the following: a) the records of the Scribery as described in C.1.2; b) up-to-date information on the personnel of all Government, Royal Household, Civil Service and Chancery office-holders. ([[55RZ1]]) | |||
::2. | ::2.10.2. Talossa.com and Kingdomoftalossa.net are the property of the government and shall be operated by the ministry of STUFF. ([[55RZ1]]) | ||
::2. | ::2.10.3. There shall exist within the Ministry of Stuff an officer to be known as The Talossan Web Registrant who shall act as the domain name registrant for the domains stated in D.2.10.2 and any other government operated domains as required. The Talossan Web Registrant shall be appointed and dismissed by the Minister of STUFF. The Talossan Web Registrant shall inform the government of any payments due or made towards domain registration and hosting of any government operated websites and domains and shall be reimbursed for any payments made as soon as is practicably possible and in accordance with all law relating to the governmental budget. ([[55RZ1]]) | ||
::2. | ::2.10.4. The Minister of Stuff shall ensure that access details for all official internet accounts are held in a secure and central location and shall ensure the continuity and smooth handover of these details between changes of government. ([[55RZ1]]) | ||
:2.11. ''Repealed per ([[51RZ10]])'' | :2.11. ''Repealed per ([[51RZ10]])'' | ||
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3. The Minister of Interior, working with the Seneschál, the Minister of Stuff, The Permanent Secretary to the Cabinet and/or the nation's Wittmeister shall cause the prospective immigrant to be granted an account on Wittenberg, allowing said prospective immigrant to converse with the subjects of the Kingdom gathered there. The Interior Minister shall verify that the said account is fully-enabled, and that the candidate is able to communicate using this forum with the citizens of the Kingdom. The Interior Minister shall then begin a single thread on Wittenberg introducing the prospective immigrant to the nation. The "Why I am Interested in Becoming a Talossan" essay shall be published by the Interior Minister in this introduction. The Interior Minister is further directed to remind his fellow citizens from time to time that the initiation of new citizens into Talossa is a serious matter and that questioning a prospective citizen is a patriotic obligation of all who love their King and Country. ([[54RZ6]]) ([[47RZ8]]) | 3. The Minister of Interior, working with the Seneschál, the Minister of Stuff, The Permanent Secretary to the Cabinet and/or the nation's Wittmeister shall cause the prospective immigrant to be granted an account on Wittenberg, allowing said prospective immigrant to converse with the subjects of the Kingdom gathered there. The Interior Minister shall verify that the said account is fully-enabled, and that the candidate is able to communicate using this forum with the citizens of the Kingdom. The Interior Minister shall then begin a single thread on Wittenberg introducing the prospective immigrant to the nation. The "Why I am Interested in Becoming a Talossan" essay shall be published by the Interior Minister in this introduction. The Interior Minister is further directed to remind his fellow citizens from time to time that the initiation of new citizens into Talossa is a serious matter and that questioning a prospective citizen is a patriotic obligation of all who love their King and Country. ([[54RZ6]]) ([[47RZ8]]) | ||
4. An examination period shall begin with the prospective citizen’s first posting to Wittenberg after | 4. An examination period shall begin with the prospective citizen’s first posting to Wittenberg after an introduction by the Interior Minister. At any time at least fifteen days after the beginning of the examination period, any current citizen of Talossa may petition the Secretary of State requesting that a Royal Grant of Citizenship be issued to the prospective citizen. If no such petition is laid before the Secretary of State within the first sixty days of the examination period, the examination period shall end, the immigration process for the prospective citizen shall be terminated, and their Wittenberg account shall be disabled. In addition, if a prospective citizen fails to ever make a first posting to Wittenberg within thirty days of their introduction by the Interior Minister then the immigration process for the prospective citizen shall be terminated, and his Wittenberg account shall be disabled. Furthermore, whenever an immigration process is terminated then the Interior Minister shall notify the nation and the prospective citizen of the termination, and shall post a notification to the effect on Wittenberg. ([[54RZ13]]) ([[54RZ8]]) ([[47RZ8]]) ([[55RZ3]]) | ||
5.0 If, at any point during the process, either before or after creation of the Wittenberg account, the Interior Minister determines that the prospective immigrant shall not be considered further, the prospective immigrant shall be informed of this decision, and shall be made aware that a Grant of Citizenship may yet be obtained by the disappointed applicant if an act of the Ziu be passed directing that such a grant be issued. Any account created for the applicant on Wittenberg shall then be terminated. ([[47RZ8]]) | 5.0 If, at any point during the process, either before or after creation of the Wittenberg account, the Interior Minister determines that the prospective immigrant shall not be considered further, the prospective immigrant shall be informed of this decision, and shall be made aware that a Grant of Citizenship may yet be obtained by the disappointed applicant if an act of the Ziu be passed directing that such a grant be issued. Any account created for the applicant on Wittenberg shall then be terminated. ([[47RZ8]]) | ||
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:::40.2.1.1 '''The Medal of Cincinnatus''': The “Medal of Cincinnatus” may be awarded by the King in recognition for acts of extraordinary Talossanicity in the face of opposition. Recipients of this Medal are entitled to follow their names with the honorific “Cin.” ([[53RZ29]]) | :::40.2.1.1 '''The Medal of Cincinnatus''': The “Medal of Cincinnatus” may be awarded by the King in recognition for acts of extraordinary Talossanicity in the face of opposition. Recipients of this Medal are entitled to follow their names with the honorific “Cin.” ([[53RZ29]]) | ||
:::40.1 | :::40.2.1.2 '''The Seneschál’s Medals''': The Seneschál’s Medal is the highest award given by the government of Talossa. The Seneschal's Medal is awarded by the Seneschal for outstanding contributions to the Kingdom and are awarded in the following categories: ([[53RZ29]]) | ||
::::40.1 | ::::40.2.1.2.1 The Seneschál’s Medal for the Arts – Honorific of SMA ([[53RZ29]]) | ||
::::40.1 | ::::40.2.1.2.2 The Seneschál’s Medal for Science – Honorific of SMS ([[53RZ29]]) | ||
::::40.1 | ::::40.2.1.2.3 The Seneschál’s Medal for Culture – Honorific of SMC ([[53RZ29]]) | ||
::::40.1 | ::::40.2.1.2.4 The Seneschál’s Medal for Literature and Language – Honorific of SML ([[53RZ29]]) | ||
::::40.1 | ::::40.2.1.2.5 The Seneschál’s Medal for Merit – Honorific of SMM ([[53RZ29]]) | ||
:::40.1 | :::40.2.1.3 '''Senatorial Medal of Honour''': The Senatorial Medal of Honour is the highest award given by the Ziu. It was established by [[25RZ77]], The Senatorial Medal of Honour Act. Recipients are entitled to add the honorific S.H. after their names. The medal is awarded by a Resolution of the Senate with Royal Assent. ([[53RZ29]]) | ||
:::40.1 | :::40.2.1.4 '''The Talossan Meritorious Service Cross''', with post-nominal letters MSC, is specifically intended to recognize those individuals who through meritorious acts performed outside Talossa which bring benefit and honour to the Kingdom of Talossa and the Crown. While the military division of this award recognises those highly professional acts that are of considerable benefit to the Armed Services, the civilian counterpart honours similar acts—whether in athletics, diplomatic relations, humanitarian activities, etc.— benefiting the nation as a whole. ([[53RZ29]]) | ||
:40.2 '''Provincial Honours & Decorations''' Each of the Talossan provinces have duly authorized internal honours system of their own, allowing for the recognition of their citizens directly. For the purpose of Order of Wear, all Provincial Honours are worn in the order in which the respective province came under the Crown, oldest province in the most senior position and descending from there. ([[53RZ29]]) | :::40.2.1.5 '''Provincial Honours & Decorations''' Each of the Talossan provinces have duly authorized internal honours system of their own, allowing for the recognition of their citizens directly. For the purpose of Order of Wear, all Provincial Honours are worn in the order in which the respective province came under the Crown, oldest province in the most senior position and descending from there. ([[53RZ29]]) | ||
==G. Justice== | |||
([[55RZ19]]) | |||
1. The General Cort of Talossa | |||
:1.1. The Ziu enlarges the number of Puisne Judges to a total of three in accord with Section 3 of Article VIII of the Organic Law. | |||
:1.2. The Ziu establishes the General Cort of Talossa, which shall be an inferior nisi prius cort, cort of first instance, and of general jurisdiction consistent with Article VIII of the Organic Law. | |||
::1.2.1. Any citizen of Talossa who has satisfied the Ministry of Justice of their knowledge of Talossan law and jurisprudence, and of their good character, may be recommended to the King or to the Cort pü Inalt to be named as a Community Jurist (CJ). | |||
::1.2.2. Community Jurists may be deprived of this designation by the Cort pü Înalt, upon presentation of a preponderance of evidence by the Ministry of Justice that their good character or their legal knowledge is no longer satisfactory. | |||
::1.2.3. The Clerk of the Corts shall appoint, by random selection, a single Community Jurist to preside over the General Cort for any case arising under this section. | |||
:::1.2.3.1. If no qualified CJ is available to hear a given case, the Clerk of the Corts shall appoint a single Judge of the Cort pü Inalt to preside over the General Cort for that case. | |||
::1.2.4. The judicial official presiding over a matter in the General Cort of Talossa shall be styled as "Magistrate" for the purposes of that proceeding. | |||
::1.2.5. Unless an appeal lies as of right, an aggrieved party to an action may seek leave to appeal any determination of the General Cort to the Cort pü Inalt. | |||
::1.2.6. A Magistrate may not sit as a Judge on the Cort pü Inalt for any appeal related to a proceeding over which they presided as a magistrate. | |||
::1.2.7. A Magistrate must recuse themselves from a matter upon a real or apparent conflict of interest. | |||
2. The Practice of Law in the National Corts of Talossa. | |||
The following guidelines shall exist for the practice of law within the realm: | |||
:2.1. The practice of law shall be defined as the representation of individuals, corporations and government bodies before the Uppermost Cort, Military Cort, or any inferior court established by the Ziu; or the professional discussion or advice on matters of a legal nature. | |||
:2.2. Practice before the Uppermost Cort or any inferior National Court established by the Ziu shall be limited to members in good standing of the National Talossan Bar. | |||
:2.3. Practice before Military Courts shall be restricted to members of the National Talossan Bar or to any commissioned officer granted waiver by the Minister of Defence to serve as a legal representative, pursuant to Ministry of Defence guidelines. | |||
:2.4. Practice before Provincial Courts shall be governed by Provincial Law. | |||
: | :2.5. No part of this law shall limit an individual's ability to represent themselves before any court of the realm. | ||
: | :2.6. Provincial Premiers (or the provincial equivalent thereto) shall have the authority to represent their Province, in actions brought before a National Court, as a function of their office. This responsibility may be delegated only to a member of the National Talossan Bar. | ||
: | :2.7. The use of titles such as lawyer, attorney, barrister, solicitor, or councillor/counselor-at-law or any other title reserved by guidelines of the National Talossan bar shall be restricted to those who are licensed to engage in the practice of law within the realm. | ||
: | :2.8. Individuals who are party to an action brought before a Cort of the realm and cannot find suitable legal representation due to a shortage of qualified practitioners of law, conflicts of interest or for personal reasons to be outlined in a petition presented before the cort, may apply for a waiver to permit any adult Talossan citizen to represent them before the Cort in a specified legal action serving as a legal proxy. | ||
: | :2.9. Individuals operating under waiver shall not be entitled to present themselves as attorneys, lawyers, barristers, solicitors, or councillor/counselor-at-law, nor shall approval of such waiver imply membership in the National Talossan Bar. | ||
: | :2.10. Petitions for waiver shall be made to the Cort in which the action is to be brought. All waivers shall expire upon the final disposition of the case and shall remain in force through any appeal. Waivers granted by a lower court need not be renewed or reissued if the action is brought before the Uppermost Cort in appeal. Waivers may be terminated by the petitioner or the proxy at any time during court proceedings and shall notify the Court of said termination within 48 hours of its effective date. Waivers may be withdrawn through judicial order in the event of misconduct or inadequate representation. | ||
: | :2.11. Corts shall grant petitioned waivers unless the designated proxy has been convicted of a felony, has presented themselves unlawfully to be an attorney, lawyer, barrister, solicitor or councillor/counselor of law, has falsely claimed Bar membership or other official standing within the National Talossan Bar or has received monetary compensation or other financial consideration in exchange for his/her representational duties or when a suitable member of the bar is available for representation in the matter, unencumbered by conflicts of interest or personal disputes. | ||
2. | :2.12. Admission to the National Bar of Talossa. | ||
:2.1. | ::2.12.1. The National Bar of Talossa shall be governed by the Uppermost Cort, which shall establish the procedure, ethics, and standards for those seeking admission to the National Bar of Talossa. | ||
::2. | ::2.12.2. The National Bar of Talossa shall possess the sole authority to admit new individuals to practice law in the Corts of Talossa established under Article VIII of the Organic Law. | ||
::2. | :::2.12.2.1. Admission to the Bar shall be limited to those who are eligible to vote in National Elections, and who satisfy any reasonable requirement set forth by the National Bar of Talossa. | ||
::2. | :::2.12.2.2. The National Bar of Talossa shall set the standards, character, and other requirements for admission. | ||
::2. | :::2.12.2.3. The National Bar of Talossa shall accept the application of any individual claiming to have satisfied the requirements for admission, and, if satisfied that the applicant does meet the criteria for admission after careful review and consideration, shall refer the applicant with supporting documentation to the Uppermost Cort for admission. | ||
::2. | :::2.12.2.4. The Uppermost Cort of Talossan shall accept or deny all referred applications within a timely manner. An individual is not authorized to practice law until the Uppermost Cort of Talossa admits the application to the National Bar of Talossa, and an individual may not refer to themselves as “pending admission.” | ||
:2. | ::2.12.3. An individual who has earned a degree in the practice of law in another country, or who has been admitted to practice law in another country, or who has completed one year of legal education as well as legal training in another country, may seek a waiver for admission to the National Bar of Talossa by petitioning the Uppermost Cort of Talossa for such a waiver, provided proof for the basis of waiver is attached to the petition. The Uppermost Cort may grant said waiver with no less than the consent of two Judges of the Uppermost Cort. The Uppermost Cort may increase the number of Judges required to give consent as it deems necessary but may only decrease the number to the statutory limits with the same number of Judges required to give consent. | ||
:2. | ::2.12.4. It shall be a criminal offense for any person to knowingly or recklessly practice law in Talossa without express statutory permission. | ||
::2. | :::2.12.4.1. The above provision is not applicable to an individual who represent themselves, known as pro se party, or to any individual who is a member of or has received authority by the Ministry of Justice to represent the Government in any Cort throughout Talossa. | ||
::2. | :::2.12.4.2. The following office holders may, at the discretion of the Chancery, be exempt from the above requirements and shall be granted full membership to the bar while they hold such office, for the purpose of performing their official duties: the Prime Minister, the Distain, Judges of the Uppermost Cort, and Judges of any inferior Cort. | ||
3. | :::2.12.4.3. An Attorney General, as head of the Ministry of Justice, or Deputy Attorney General as authorized by the Ministry of Justice, who is not admitted to their bar in their own right, is a de facto and de jure member of the bar for the duration that they hold that office. | ||
: | ::2.12.5. The National Bar of Talossa shall set, as it deems necessary, the Code of Conduct to govern attorneys. | ||
: | :::2.12.5.1. An individual admitted may have their admission revoked for cause with the consent of no less than a majority of the Judges of the Uppermost Cort of Talossa; in such a circumstance, the individual is no longer permitted to practice law in the national courts of Talossa. | ||
: | :::2.12.5.2. All members of the bar admitted prior to the adoption of this statute shall continue to be deemed automatically admitted and may continue to practice law | ||
: | ::2.12.6. Any rules, regulations or code of conduct not set by a statute, Talossan Law or by the Organic Law, shall be a matter for the Bar to set itself as far as permissible by the aforementioned Laws. | ||
3. Appeals and Tribunals. | |||
:3. | :3.1 It shall be understood that any provincial court decision may be appealed at the National level before the lowest inferior court and that any decision by this court may be appealed to the Uppermost Cort. No Cunstaval shall proclaim any new provincial constitution that 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. National courts shall not interpret or rule on matters of provincial law unless the province has no system of courts, has not proclaimed a constitution or has standing law that matters of provincial law be handled through National Courts. Rather, the decisions of these courts will ensure no provincial court decision runs contrary to the Organic or Statutory Laws of the Kingdom, and that the rights of all involves parties, as guaranteed by the Rights and Covenants of the Organic Law, are protected. | ||
:3. | ::3.1.1 All appeals, as with other court actions, shall be filed with the Clerk of the Corts. Upon official judicial assignment, the cort may either dismiss the case, by declining to hear it, or begin hearing opening arguments in the matter as presented by all relevant parties. | ||
:3. | ::3.1.2 Appeals or other actions brought before any national court shall be heard within 90 calendar days from the date of assignment by the Clerk of the Corts. | ||
:3. | ::3.1.3. The court, if it decides not to hear the case or appeal, shall issue a written statement justifying its decision within the time frame given in 3.2. | ||
:3. | ::3.1.4. If a court does not comply with 3.2. or 3.2.1., it may be subject to an investigation for non-feasance conducted by the Ministry of Justice. | ||
:3. | ::3.2. Under the principle of reformatio in peius, the worsening change of a verdict, no appellate court shall be allowed to change an appealed ruling in such a manner that would be disadvantageous to the petitioner. | ||
::3.2.1. In civil actions, appeals may be ruled in a detrimental manner to the appellant (reformationes in peius) only when both parties submit appeals. | |||
: | ::3.2.2. In criminal procedures, reformationes in peius are forbidden whenever the appeal is lodged by the convict or in favour of the convict. In case of appeals from both parties, reformationes in peius detrimental to the convict shall be forbidden. | ||
4. The Clerk of the Corts. | |||
The Clerk of the Corts shall be an apolitical position appointed by the reigning Monarch or the Cort pü Inalt upon recommendation of the Prime Minister and shall serve in the following capacities: | |||
:4.1. The Clerk shall receive and file actions brought by individuals or their representative attorneys and assign to each requested action a docket number. | |||
:4.2. The Clerk shall then assign the case to a tribunal in the lowest cort holding jurisdiction over the matter. | |||
:4.3. | :4.3. Judicial assignments shall be made at random. In cases where a clear conflict of interest should arise, the Clerk shall assign the case to the next jurist in that order. | ||
:4.4. The Clerk shall maintain a record of docket numbers and judicial assignments to be archived along with the final disposition of the case for ease of reference. | |||
:4.5. This file shall be available to any citizen for use in the preparation of legal strategy, the study of law or for any legitimate purpose. | |||
:4.6. Appeals shall be filed as separate actions and will be assigned new docket numbers but shall be archived together with the original action for ease of reference. | |||
: | :4.7. The Clerk shall acknowledge the receipt of any filing and shall, within 72 business hours of said acknowledgment, assign a docket number and make a judicial assignment. | ||
: | ::4.7.1. In the event the Clerk fails to assign a case within the 72-hour window and such tardiness is result of one or more of the following conditions, the Clerk's absence shall be deemed excused and no further penalty should be pursued: | ||
: | :::4.7.1.1. Active Military Service (In the Armed Forces of Talossa or an Allied Nation) | ||
: | :::4.7.1.2. Birth or Death of an immediate family member | ||
: | :::4.7.1.3. Marriage or Divorce | ||
: | :::4.7.1.4. Any circumstance which is beyond the power or control of the Clerk and which would hinder a reasonable person from executing these duties | ||
: | ::4.7.2. In the event the Clerk anticipates a length absence, even for an excused purpose, they should consider resignation to ensure the people are adequately served. | ||
:: | ::4.7.3. If the Clerk of the Corts fails to assign cases within the 72-hour window without an excuse as defined in El. Lex. G.4.7.1, and such failure to act exceeds 60 days, the office of the Clerk of the Corts is deemed vacant. | ||
: | :4.8. The individual holding the office of Clerk of the Corts shall enjoy immunity from civil or criminal suit for any actions performed in the course of his or her official duties while holding this office. This immunity shall be lost upon leaving office. Due to the nature of the Clerk's responsibilities, an individual may not hold the office of Clerk of the Corts, or any deputy thereunder, while simultaneously holding office as a Justice of the Uppermost Cort or any national inferior court. | ||
: | :4.9. The Clerk of the Corts serves at the pleasure of the King and the Cort pü Inalt and may be dismissed by royal decree. In the case of alleged misconduct, the Clerk of the Corts may be removed from office by Prime Dictate. The Cort pü Inalt shall have final say over the dismissal of the Clerk of the Cort in situations of conflict with either the Crown or the Prime Minister. | ||
: | :4.10. Any individual who shall be found to have accepted bribe or other gratuities for the purposes of manipulating the assignment of jurists shall be guilty of public corruption of an officer of the Cort, a felony, and shall suffer a punishment to be determined by the court. | ||
5. Court Officers. | |||
The Clerk or the Senior Judge of the Cort pü Inalt may deputize Court Officers to assist in the execution of these duties. Such deputization shall be made publicly by the Clerk or the Senior Judge and may be for a temporary term or an indefinite term, which the Clerk or Senior Judge shall stipulate in the public notice of deputization. | |||
:5.1. The Deputized Officer shall have authority to assign judicial cases immediately after the initial 72 hours have passed from the initial filing if the Clerk fails to make the assignment during that time period. | |||
:5.2. The Deputized Officer shall follow the procedures set forth in this title with regards to the assignment of cases and shall do so impartially without regard for political, personal, or financial consideration. | |||
:5. | :5.3. The Officer shall serve at the pleasure of the King and Cort pü Inalt, may be removed by the King or Cort pü Inalt at any time. The Cort pü Inalt shall have final decision authority on removal in circumstance of conflict between it and the Crown on removal. However, the principal supervision of the Officer shall fall to the Clerk of the Corts, who shall retain the right to dismiss the Officer as well. | ||
:5. | :5.4. Due to the nature of these duties, no deputy shall be appointed who is seated on the bench of the Uppermost Cort or any inferior cort. Nor shall any appointee hold the portfolio of Attorney General or Minister of Justice. | ||
:5. | :5.5. The Deputy shall be permitted to make the initial judicial assignment (that is, the assignment within the initial 72-hour window) in situations where the Clerk is party to a filed case or where another conflict of interest would prevent the Clerk from serving on a particular case filing. | ||
6. | 6. Criminal Law: In the interest of providing the accused with the rights granted to them by the Ninth Covenant of Rights and Freedoms, the following rights shall be considered to be inalienable and shall be afforded to all citizens in civilian trials: | ||
:6.1. | :6.1. The Ministry of Justice, on behalf of the Crown, shall submit a charging instrument to the Clerk of the Cort identifying, in plain language, the charge to be brought against the accuse, and the factual allegations to be proven to support said charges. Nothing in this section shall limit the Ministry of Justice from relying on unpleaded allegations provided such does not prejudice the accused. | ||
:6.2. | :6.2. Upon receipt of the charging instrument, the Clerk of the Cort shall refer the matter to the appropriate tribunal of the Crown as defined by law. | ||
:6.3. | :6.3. The tribunal of the Crown shall test the sufficiency by making a prima facie determination that if the factual allegations contained therein were proven true beyond a reasonable doubt, then the accused would be guilty of the crime as alleged. Jeopardy shall only attach if the tribunal of the Crown accepts the charging instrument as sufficient. If the tribunal is not satisfied of such, then it shall reject the charging instrument as insufficient on its face and jeopardy shall not have attached. | ||
:6.4. | :6.4. The accused must be informed of the charges against him by the Crown within seven days of said charges being accepted by the Tribunal of the Crown. | ||
:6.5. | :6.5. Such notification must be submitted to the accused in writing, by either an electronic medium such as email, a typed letter, or by a handwritten letter. A copy of every such notice shall be archived in the Royal Archives by the Royal Archivist immediately after he receives a copy of said notice. If the notice is given in the form of a hand-written letter, the Royal Archivist shall make a copy of the letter in an electronic format, such that it may be added to the Royal Archives. | ||
:6.6. The Prosecution shall have up to 90 days from the time of notification of the accused in which to prepare its case. If a case is not prepared by the Prosecution within the allotted time, then the matter shall be dismissed, unless the Prosecution can show that such delay is through the fault of the accused. | |||
:7. | :6.7. If a case is not prepared within the 90-day limit, then the Prosecution may request up to an additional 30 days to prepare its case, which shall be granted or denied by the tribunal assigned to the case. This section takes precedence over G.1.6. | ||
: | :6.8. The decision shall be based on the legitimacy of reasons given by the Prosecution in the interests of justice, equity, and efficiency. | ||
: | :6.9. If a matter is dismissed for failure to prosecute, then final jeopardy shall attach unless the Prosecution is able to provide new evidence against the accused with which to build a case. A new case must meet the same statute of limitations for any offence. | ||
:7. | :6.7. The Prosecution may withdraw a charging instrument upon good cause shown to which jeopardy shall not attach. | ||
7. The Statute of Limitations. | |||
The Statute of Limitations on all offences shall be 36 months from the date the offence occurred for all criminal matters, or 36 months from the date that the injury party should have known of the offence in all civil matters. If the injury party is less than 14 years of age or without sound mind of body at the time of discovery, this period shall be tolled for no more than 12 months running from their 14th birthday or when deemed competent. | |||
:7. | :7.1. This statute of limitations shall not apply to: | ||
::7.1.1. any action for which a period of limitation is fixed by any other limitation enactment; | |||
::7.1.2. fraud upon the court, which for the purpose of this title shall be defined as: (i) to embrace that species of fraud which does, or (ii) attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication. | |||
::7.1.3. war crimes as they are defined in the Charter of the Nuremberg International Military Tribunal of 8 August 1945 | |||
::7.1.4. crimes against humanity, whether committed in time of war or in time of peace, as defined in the Charter of the Nuremberg International Military Tribunal of 8 August 1945, eviction by armed attack or occupation, inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. | |||
:7.2. If any person commits a series of criminal acts sharing a common nexus, the period of limitation shall begin to run from the date of the last act in the series. | |||
: | :7.3. Nothing in this title shall revive any action for which the statute of limitations has accrued or affect any action commenced before the date this title came into force. | ||
8. Wrongful prosecution. | |||
Wrongful prosecution consists of prosecution characterised by malice, damage, and absence of probable cause. In the event that a person is wrongfully prosecuted, the person may initiate a Malicious Prosecution suit against the person who wrongfully prosecuted them. | |||
: | :8.1. A Malicious Prosecution suit may be initiated if either: | ||
:: | ::8.1.1. The person prosecuted is acquitted; or | ||
:: | ::8.1.2. The Tribunal has rejected the charming instrument as facially insufficient on the basis that if all allegations were accepted as | ||
true, the individual would not be guilty of the purported crime. | |||
: | :8.2. To prevail, it must be shown by a preponderance of the evidence that: | ||
:: | ::8.2.1. the Prosecutor acted with malice in bringing the charge; or | ||
:: | ::8.2.2. the Prosecutor commenced the proceeding for the sole purpose to harass the individual with knowledge that charging | ||
instrument did not have a basis in law; and | |||
:: | ::8.2.3. the charging instrument patently lacked probable cause; and | ||
: | ::8.2.4. the plaintiff sustained damage through injury to reputation, deprivation of liberty or property, or other damage that may be assessed and relevant in the context of that matter. | ||
: | :8.3. The Cort shall award punitive damages to dissuade such further conduct. | ||
9. Ex Parte Communication | |||
: | :9.1. A member of the bar shall not initiate ex parte communications, or other communications made to a judge outside the presence of the parties or their lawyers, concerning a pending or impending matter, except as follows: | ||
: | ::9.1.1. When circumstances require it, ex parte communication for scheduling, administrative, expert testimony, or emergency purposes, which does not address substantive matters, is permitted, provided: | ||
:: | :::9.1.1.1. the member of the bar reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and | ||
:: | :::9.1.1.2. the member of the bar makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond. | ||
: | :9.2. If a member of the bar inadvertently initiates or receives an unauthorized ex parte communication bearing upon the substance of a matter, the member of the bar shall make provision promptly to notify all the parties of the substance of the communication and provide the parties with an opportunity to respond. | ||
:9.3. A member of the bar shall make reasonable efforts, including providing appropriate supervision, to ensure that these provisions against ex parte communications are not violated by others subject to the member of the bar's direction or control. | |||
10. Service in General. | |||
: | :10.1. The Secretary of State shall accept service of any complaints or claims to the Cort pü Inalt or General Cort of Talossa on behalf of all citizens. The Secretary of State shall email notice of said complaints or claims to the concerned citizen and affirm to the Cort that they did so on that date (the "date of service"). | ||
:: | ::10.1.1 If either party in a case before the Cort fails to respond to such a notice as specified in section 10.1.1 within 60 days of the date of service, the Cort may, upon a motion by the adverse party, enter default judgement against the non-appearing party. Default judgment can only be entered for a period of three months after default. A default order may be vacated, upon good cause shown, within three months after it was entered, by motion of the aggrieved party. | ||
: | :10.2. In all civil matters, if a Judge or Magistrate fails to respond to the assignment of a Case by the Clerk of the Corts within 14 days, then the Clerk of the Corts shall assign the case to another Judge or Magistrate and inform the Seneschal of the failure to appear. | ||
: | :10.3. A Judge or Magistrate may request a matter be transferred to another Judge or Magistrate for any reason. If that request be for any other purpose than a conflict of interest, and the Judge has not presided over any substantive part of the proceeding as a Magistrate, they shall be from the proscription enumerated in section 10.2.4 of this article. | ||
: | :10.4. If a Magistrate fails to address a filing from either party within 14 days of receipt, then the Clerk of the Corts shall inquire as to the status of the Magistrate and may appropriately reassign the matter to another Judge if warranted. If a Magistrate fails to respond to a Clerk’s inquiry within 14 days, the Clerk shall reassign the matter and inform the Seneschal of the Magistrate's failure to appear. | ||
:10.5 All criminal matters shall, pursuant to the Ninth Covenant, be heard before a Tribunal of the Crown, which shall be compromised of no less than three Magistrates in the General Cort of Talossa. A determination by the General Cort to dismiss a charging instrument for facial insufficiency shall be immediately appealable to the Uppermost Cort of Talossa. | |||
11. Judicial Tenure. | |||
Judges of the Uppermost Cort and of any inferior court may retire through voluntary leave of office. This shall be accomplished through submitting a letter of retirement to the King. The retirement shall take effect immediately upon confirmed receipt by the King or an authorized representative. | |||
: | :11.1. Uppermost Cort Judges may be compelled to retire through organic removal from office through an act of the Ziu in accordance with Article VIII of the Organic Law. In accordance with the appropriate section, the inactivity of a Justice is defined as the failure of that Justice to act, rule, or appear in an open case the Justice is assigned to or participating in for more than 60 days, as certified by the Ziu in a majority vote. | ||
: | ::11.1.1 A Justice of the Cort pü Inalt shall be declared inactive, and to have vacated their seat, within the meaning of Organic Law VIII, if the Clerk of the Corts, contacting the members of the CpI to assign a case as described in this title, is unable to contact that Justice or does not receive any response to their enquiries, within 30 days. | ||
: | :11.2. Retired Judges or Magistrates shall enjoy the style "Honourable Mister/Madame" for life in commemoration of their service to the Nation, and may utilize the title "Retired Judge/Magistrate." | ||
:11.3. Retired status will be honorary in nature and shall not confer any authority or responsibility within any Talossan Court or the National Talossan Bar or over its members, students or associates. Neither shall these titles, in and of themselves, confer membership in the National Talossan Bar enabling the holder to engage in the practice of law. | |||
: | :11.4. Retired status can be revoked only in the event of a conviction by a Talossan Court for misconduct while serving in a judicial capacity. In the event of such conviction, revocation of retirement privileges shall be contained as part of the sentencing order. Retired status can also be revoked by the Ziu through majority vote and approval by the Monarch. Such legislative action can be taken only after the retiree has been convicted by a Talossan Court for misconduct while serving in a judicial capacity and only after all appeals have been exhausted. | ||
: | :11.5. Retired status will also be revoked in the event the retiree shall be convicted of a felony by any Court of the Realm. Felony convictions by a provincial court shall be forwarded to the Minister of Justice for review. If cause for revocation of retirement status is found based upon the nature of the conviction, the Minister of Justice shall propose or cause to be proposed a measure of the Ziu to revoke any and all privileges of retirement from the accused, after all appeals have been exhausted. | ||
: | :11.6. Retired status shall be considered waived if a retired Justice, Judge or Magistrate resigns their citizenship and shall be considered revoked if the retiree has their citizenship terminated by a Court of the Realm. | ||
: | :11.7 Every person appointed a judge to the Uppermost Cort of Talossa shall publicly make to the Citizens of Talossa and subscribe to the following declaration within 10 days of such appointment: | ||
I, [NAME], do solemnly, sincerely and truly affirm and declare that I will duly, faithfully and to the best of my knowledge and ability execute the office of Judge of El Cort pü Inalt without fear or favour, affection or ill will towards any man, woman or child and that I will uphold the Organic Law and the laws of the Kingdom of Talossa. This I do solemnly affirm. | |||
12. Judicial Decisions | |||
:12.1. Every cort rendering a decision shall set forth the reasoning for that decision. This declaration must be published in the next Clark. Cort decisions will be written up in the Clark if the authors want them to, with due regard to brevity. | |||
: | |||
: | :12.2. All final decisions or those interlocutory orders must be codified in an official reporter. | ||
:12.3. The Cort pü Inalt may request that the Government or Scribe maintain official reporters of decisions on behalf of all Talossan Corts, or it may direct the Clerk of the Corts to do so on its behalf. | |||
::12.3.1. If the Cort pü Inalt shall request the Government or Scribe to maintain official reporters, then the Cort pü Inalt must designate, in the decision, whether it shall be deemed binding, and if so, it shall be reported in an official reporter entitled "Cort pü Inalt" and abbreviated to "CPI" in citations. All decisions of the Cort pü Inalt designated nonbinding shall be reported in an official reporter entitled "Cort pü Inalt Appendix" and abbreviated to "CPIA" in citations. | |||
Scribe | ::12.3.2. All final determinations of the General Cort shall be published in an official reporter entitled "General Cort" and abbreviated to "GC" by the Scribe or an individual designated by the Government in the same fashion as described in G.12.1.3.1. Non-final or interlocutory determinations that impact the rights of a party must also be reported in the GC reporter. All other determinations need not be reported in the GC reported unless so designated by the General Cort. Determinations not contained in the GC reporter shall be styled as General Cort Slip Opinions and must be made publicly available on a State-run website in consecutive order by date with an affixed number with an appropriate pin cite every 200 words, for ease of reference, that shall be listed as follows: Case Name, Year GC Slip Op NUMBER, *Pin (Full Date, Magistrate's surname, M.) (e.g. Doe v Smith, 2020 GC Slip Op 001, *1 [27 February 2020, Smith, M.]). | ||
::12.3.3. If the Scribe or the appointed Government Ministry determines any aforementioned volume becomes lengthy, a subsequent volume shall be created with the appropriate cardinal prefixed prior to the reporter. | |||
::12.3.4. The Cort pü Inalt may direct the Clerk of the Corts to normalize case captions according to rules it may set forth, which shall then be used in any reporter. | |||
::12.3.5. The Cort pü Inalt may publish an official style manual enumerating proper citations for any source, which shall be followed by all parties filing documents with any national Talossan cort. | |||
==H. Legislation== | ==H. Legislation== | ||
1.1 Following each General Election there shall be an official “State Opening of the | 1.1 Following each General Election there shall be an official “State Opening of the Ziu”. At the start of the State Opening, the new Seneschal shall be sworn to the office publicly. The Sovereign shall then deliver a speech outlining the Government's legislative agenda and program for the term. The contents of this speech shall be communicated to the Sovereign by the incoming Seneschal prior to the ceremony. The Seneschal may announce Cabinet Ministers during the ceremony. A rebuttal by the Leader of the Opposition shall follow, which may be followed by a further rebuttal by the leader of the third largest party. When practical, the State Opening may include an official Living Cosă (and 'Living Senats') in which food and drink shall be featured and as many Talossans as possible shall be invited to attend. The event shall be organized and conducted by the Speakers of both Houses of the Ziu, working in coordination and cooperation with each other. ([[55RZ15]]) ([[54RZ18]]), [[49RZ22]], [[15RC9]], [[50PD01]]), ([[53RZ22]]) | ||
1.2 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: ([[53RZ22]]) | 1.2 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: ([[53RZ22]]) | ||
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:3.1. A person who is named as a Proxy Vote for another in a Living Cosă is under the moral and legal obligation, whenever possible, to represent the original seat-holder's wishes and intentions on specific Ziu bills and the Vote of Confidence, whenever and however he is instructed, or publicly notified to do so. ([[24RZ44]]) ([[50PD01]]) | :3.1. A person who is named as a Proxy Vote for another in a Living Cosă is under the moral and legal obligation, whenever possible, to represent the original seat-holder's wishes and intentions on specific Ziu bills and the Vote of Confidence, whenever and however he is instructed, or publicly notified to do so. ([[24RZ44]]) ([[50PD01]]) | ||
4. | 4. On each Clark, the Vote of Confidence shall read as follows: "Do you wish the current Government to continue in its term of office?" ([[55RZ18]]) | ||
5. A difference shall exist (and be spelled out in future bills) between committees (which are set up as standing committees, free to issue reports at any time) and Royal Commissions (or Commissions Royal) which are set up on an ad hoc basis and charged with a specific one-time task such as preparing a dossier or White Paper on a specific problem, and presenting the same to the Cosă. Once a Commission's paper is done, the Commission has fulfilled its duty, and ceases to exist. ([[8RC35]]) ([[50PD01]]) | 5. A difference shall exist (and be spelled out in future bills) between committees (which are set up as standing committees, free to issue reports at any time) and Royal Commissions (or Commissions Royal) which are set up on an ad hoc basis and charged with a specific one-time task such as preparing a dossier or White Paper on a specific problem, and presenting the same to the Cosă. Once a Commission's paper is done, the Commission has fulfilled its duty, and ceases to exist. ([[8RC35]]) ([[50PD01]]) | ||
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:6.3. The Secretary of State shall remove legislative proposals from “The Hopper” at the request of the author. ([[50PD01]]) | :6.3. The Secretary of State shall remove legislative proposals from “The Hopper” at the request of the author. ([[50PD01]]) | ||
:6.4. If a legislative proposal has remained in the “The Hopper” for more than 59 days, | :6.4. If a legislative proposal has remained in the “The Hopper” for more than 59 days, it shall be considered to have been removed, though any person entitled to do so may subsequently re-publish it.([[50PD01]]) ([[55RZ18]]) | ||
:6.5. Bills must be submitted to the Secretary of State more than 24 hours before the publication of the Clark. ([[50PD01]]) | :6.5. Bills must be submitted to the Secretary of State more than 24 hours before the publication of the Clark. ([[50PD01]]) | ||
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:6.7 Notwithstanding the rules about minimum stay in the hopper, if no bill was submitted to the Clark at the moment of publication, the Secretary of State shall be allowed to add to the Clark a simple bill asking for Quorum where Cosa Members and Senators can vote to confirm their presence for the Clark. ([[51RZ15]]) | :6.7 Notwithstanding the rules about minimum stay in the hopper, if no bill was submitted to the Clark at the moment of publication, the Secretary of State shall be allowed to add to the Clark a simple bill asking for Quorum where Cosa Members and Senators can vote to confirm their presence for the Clark. ([[51RZ15]]) | ||
:6.8 All citizens of Talossa are entitled to participate fully in discussions and debates in the Hopper, within the bounds of law and of the decisions of the administering and presiding authorities of the Hopper. Any citizen may submit a draft of legislation to the Hopper, though these shall not be considered to be "legislative proposals" within the meaning of H.6 until sponsored by one or more individuals authorised to submit legislative proposals under Organic Law VII.5, under the process contained in H.8. ([[55RZ18]]) | |||
7. A Legislative Advisory Committee of Talossa (in Talossan, el Comità da Redacziun Legislatïu; and hereinafter, "the CRL") shall review or revise all legislative items from the Hopper as described in H.6 above; and may recommend acceptance or rejection, or suggest amendments in their best judgement. ([[55RZ9]]) | |||
:7. | :7.1 The CRL shall conduct all its deliberations openly in the Hopper. ([[55RZ9]]) | ||
:7.2 The CRL shall consist of the incumbent Mençéi, Túischac'h, and Avocat-Xheneral. ([[55RZ9]]) | |||
8. A legislative proposal 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. 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. ([[50PD01]]) | |||
:8.1. Official non-Ziu titles may also be used when a member of the Ziu submit a bill, if the submitter feels that he is submitting a bill in another capacity than as a Ziu member. Such a title shall be called a “Limousine”, or by its Talossan equivalent. A title of Senator, Distain or Member of the Cosă is a Ziu title, and as such not a Limousine. A person can only be entitled to a Limousine if he is both a member of the Ziu and holds an official title. A Limousine may contain, but is not restricted to: a governor's title, a minister or deputy minister's title, or a title conferred by a national organisation, such as the CÚG, or the Secretary of State's office. This is not a means to allow non-members of the Ziu to post bills using their Limousine, nor does this provision allow any submitter to use unofficial titles or party-specific titles. ([[32RZ13]]) ([[50PD01]]) | |||
:8.2. The use of a Limousine instead of a Ziu title engages that person in that capacity. For example, a bill submitted by a Cosă member as being “Minister of Culture” indicates that the bill is truly submitted in the name of the Minister of Culture. ([[50PD01]]) | |||
9. If the Prime Minister, or a member of the Government party, proposes a bill, and with the Prime Minister's permission marks it as a Government Bill, the Clark will denote this as a bill proposed by “HM Government, represented by”, before the name of the member. If the Opposition Leader, or a member of the Opposition, proposes a bill, and, with the Opposition Leader's or the member's Party Leader's permission, marks it as an Opposition Bill, the Clark will denote this as a bill proposed by “HM Loyal Opposition, represented by”, followed by the member's name. Any other bill will be called a Private Member's Bill, and will be denoted in the Clark the same way they have always been. ([[25RZ31]]) ([[50PD01]]) | |||
10. Members of Cosa shall be free to represent any constituency within the geographic boundaries of the Kingdom of Talossa including any and all of its territories and overseas colonies. Any Member wishing to represent a constituency shall publicly declare such representation before the conclusion of the first Clark following a General Election. ([[44RZ25]] [[48RZ3]]) ([[50PD01]]) | |||
11. The same bill can not be submitted to the Clark more than once in the same Cosa, unless the original bill was vetoed, the original bill had been retired or voted down by its main sponsor during the voting period, or the bill has been substantially amended, as judged by the Secretary of State. ([[25RZ91]]) ([[50PD01]]) ([[54RZ2]]) | |||
12. The Secretary of State is empowered to refuse to put a certain bill on a Clark if said bill; ([[50PD01]]) | |||
: | :12.1. appears to him to be obviously on its face inorganic, or to have such grave errors as would make it ineffective and/or require further legislation or a Prime Dictate to make it effective. ([[50RZ24]]) ([[50PD01]]) | ||
12. | :12.2. does not specify exactly the Law(s) or Article(s) which it seeks to amend, change, or repeal, if the bill seeks to amend, change, or repeal any Article of the Organic Law or any Law ([[53RZ22]]) | ||
:12.3. is not clearly typed or word-processed; and/or ([[50PD01]]) ([[53RZ22]]) | |||
:12.4. is so substantially different from its original form as a legislative proposal that it constitutes a significantly different proposal. ([[50PD01]]) ([[53RZ22]]) | |||
:12.5. Any such decision shall be subject to judicial review. ([[50RZ24]]) ([[50PD01]]) ([[53RZ22]]) | |||
13. All bills submitted for the Clark shall be in one of the national languages. ([[38RZ12]]) ([[50PD01]]) ([[55RZ18]]) | |||
14. Except in cases where the current Secretary of State is no longer able or eligible to perform his duties, any nominations of a new secretary of state must take effect on the day of the normal publication of a Clark. If the normally scheduled Clark is not published by the previous Secretary of State on the appropriate day, the new Secretary of State can still start his duties, starting with the publication of the Clark. ([[32RZ2]]) ([[50PD01]]) | |||
15. No person shall hold more seats in the Cosă than ten times the total number of seats in the Cosă divided by the number of ballots cast for the Cosa in the most recent General Election, rounded up to the next integer. ([[50PD01]]) | |||
16. His Majesty, when affixing His Royal Seal to Bills sent to him by the Ziu, may exclaim with all His Royal Royal-ness in the National Language of Our Nation, “El Regeu en volt.” ([[25RZ17]]) ([[50PD01]]) | |||
17. His Majesty, when acting out His constitutional and traditional duty to protect the Citizens of His Kingdom from poor Government, decides to withhold His Royal Seal from said Bill sent by said Ziu, may exclaim with all His Truth-and-Justice-ness in said National Language of said Kingdom, “El Regeu non en volt.” ([[50PD01]]) | |||
18. The King shall sign a physical printed copy of bills at the time they pass into law, and collect these bills for posterity. ([[50PD01]]) | |||
19. ''[This section blank per [[53RZ29]] ]'' | 19. ''[This section blank per [[53RZ29]] ]'' | ||
20. The Cosa shall elect one of its members to serve as Speaker of the Cosa (Talossan: el Túischac'h) for the upcoming term. The Speaker shall preside, direct and maintain order during Living Cosas and in the Hopper, in an unbiased fashion. Otherwise, his function will be to advise Members of the Cosa of appropriate decorum. He is considered the honourable President of the Cosâ and shall be awarded all due veneration when serving as such. In the absence of the Túischac'h from the Hopper, the Mençéi shall perform these duties. ([[54RZ21]]) repealing both ([[50PD01]]) ([[52RZ3]]) | 20. ''[This section blank per [[53RZ29]] ]'' | ||
21. The Cosa shall elect one of its members to serve as Speaker of the Cosa (Talossan: el Túischac'h) for the upcoming term. The Speaker shall preside, direct and maintain order during Living Cosas and in the Hopper, in an unbiased fashion. Otherwise, his function will be to advise Members of the Cosa of appropriate decorum. He is considered the honourable President of the Cosâ and shall be awarded all due veneration when serving as such. In the absence of the Túischac'h from the Hopper, the Mençéi shall perform these duties. ([[54RZ21]]) repealing both ([[50PD01]]) ([[52RZ3]]) | |||
The Cosa shall elect the Túischac'h as follows. ([[54RZ21]]) repealing both ([[50PD01]]) ([[52RZ3]]) | The Cosa shall elect the Túischac'h as follows. ([[54RZ21]]) repealing both ([[50PD01]]) ([[52RZ3]]) | ||
: | :21.1. At any time between the Election Deadline and the following Dissolution of the Cosa, any Member of the Cosa shall be empowered to publish and open for signatures a petition nominating an eligible person for the office of Túischac'h. ([[54RZ21]]) repealing both ([[50PD01]]) ([[52RZ3]]) | ||
: | :21.2. Once a petition is published, any eligible Member of the Cosa shall be empowered to second the nomination by countersigning the petition in public. ([[54RZ21]]) repealing both ([[50PD01]]) ([[52RZ3]]) | ||
: | :21.3. Members may not second multiple nominations concurrently; if a Member wishes to support a different petition, he/she shall first publicly retract the earlier countersignature. ([[54RZ21]]) repealing both ([[50PD01]]) ([[52RZ3]]) | ||
: | :21.4. Following any number of petitions, presented as above and supporting the same candidate, being signed or counter-signed by members currently representing an absolute majority of seats in the Cosa, the candidate named in the petition(s) shall be declared by the Secretary of State to be the Túischac'h. ([[54RZ21]]) repealing both ([[50PD01]]) ([[52RZ3]]) | ||
: | :21.5. Petitions may not be carried over from one vacancy in the office of Seneschal to Túischac'h. Once a Túischac'h is elected as above, all petitions shall be made moot. ([[54RZ21]]) repealing both ([[50PD01]]) ([[52RZ3]]) | ||
22. The Senate shall autonomously determine the rules of its proceedings. To this goal, the Mençei shall mantain a body of Standing Rules of the Senate. ([[51RZ16]] | |||
:22.1 At the beginning of a new term, and optionally at any subsequent time during a term, the Senate shall consider a motion to estabilish a Senate Committee on Rules and Administration. Upon successful passage, any previously estabilished Committee shall disband and a new one be formed; upon failure, a Committee shall not be formed. ([[51RZ16]]) | |||
::22.1.1 Regardless, any previous iteration of the Committee shall disband at the beginning of a new term of the Senate, as defined by the publication by the Chancery and/or the respective provincial conducting officers of final results for all of the seats up for elections, or the beginning of a First Clark, whichever comes first. ([[51RZ16]]) | |||
::21.1.2 Upon disbandment, a Committee shall not be allowed to complete debate on any proposal, but shall be empowered to complete any voting that already was in progress by the time the disbandment was effective. ([[51RZ16]]) | |||
:22.2 The Senate Committee on Rules and Administration shall be formed by three Senators, appointed by the Mençei. The Senate shall be empowered to object to the appointments by passing a motion to suggest an alternate composition; successful passage shall override the Mençei's appointments with the Senate's suggestion. ([[51RZ16]]) | |||
:22.3 The Senate Committee on Rules and Administration shall be chaired by the Mençei, but unless him- or herself was appointed to the Commitee, the Mençei shall not be considered a member of the Committee. ([[51RZ16]]) | |||
:22.4 Any member of the Senate Committee on Rules and Administration, and the Mençei, shall be empowered to submit to the Committee proposals regarding the estabilishment of a new Standing Rule, or the amendment or deletion of any of the preexisting Standing Rules of the Senate. After due debate, the Committee shall vote on the proposal, and the proposal shall be considered to be adopted by majority vote. Unless he/she is a member of the Committee, the Mençei shall only vote to break a tie, in the event that at least one of the three members abstained or did not vote by the end of the allotted voting time. ([[51RZ16]]) | |||
:22.5 The Senate Committee on Rules and Administration's proceedings shall be public; and the Mençei shall not deny a Senator's request to speak and be heard in front of the Committee. Additionally, any Senator shall place a proposal for the Committee's consideration, and upon endorsement of the proposal by any member of the Committee, or the Mençei, said proposal shall be debated and voted on as described in 21.4. ([[51RZ16]]) | |||
:22.6 Any proposal that has been adopted by the Senate Committee on Rules and Administration shall be referred to the whole Senate for approval. The Senate shall then vote to uphold the proposal by majority vote; upon successful passage, the proposal shall take effect. Should the Senate instead reject the proposal, it shall return to the Committee's consideration for amendments, or be discarded at the original proposer's discretion. ([[51RZ16]]) | |||
:22.7 No Standing Rule shall infringe on any Organic or Statutory provision, and Standing Rules shall be germane to the Senate's operations. ([[51RZ16]]) | |||
:22.8 The Senate shall be empowered to waive any Standing Rule for the remainder of the current term by majority vote, without consulting the Senate Committee on Rules and Administration. ([[51RZ16]]) | |||
:22.9 At any time a vacancy in the Senate Committee on Rules and Administration arises, the Mençei shall be empowered to appoint another Senator to the empty seat. The Senate shall be empowered to object to the appointment by passing a motion to suggest an alternate Senator; successful passage shall override the Mençei's appointment with the Senate's suggestion. ([[51RZ16]]) | |||
:::22.9.1 Should a Senator resign or be expelled from the Committee, resign, strike out or be expelled from the Senate, the member will still be empowered to cast his or her vote in any Committee votes that are currently open, but not any that are initiated after the notice of resignation or expulsion is published. ([[51RZ16]]) | |||
::22.9.2 Failure to stand for reelection to the Senate shall not impede a member of the Committee from taking part in any of the Committee's activities prior to disbandment as per 21.1.1 and 21.1.2. ([[51RZ16]]) | |||
::22.9.3 Failure of a member of the Committee who is standing for reelection to the Senate to win his race, according to any provisional results, shall not impede said member of the Committee from taking part in any of the Committee's activities prior to disbandment as per 21.1.1 and 21.1.2. ([[51RZ16]]) | |||
:22.10 At any time, due to inactivity, other impediments to normal activity or subsequently to an individual motion of censure, the Senate shall be empowered to remove any of the Senate Committee on Rules and Administration's members, through a motion adopted by simple majority. ([[51RZ16]]) | |||
23. Members of the Cosâ who (in a given session of the Cosa) have voted NON on the most recent Vote of Confidence, or intend to do so on the next Vote of Confidence, shall be known as El Contrapharti Fieir da Sieu Maxhestà, or "His Majesty's Loyal Opposition" in English, or in short "El Contrapharti / The Opposition". Unless and until the members of the Opposition decide otherwise by majority vote, the "Leader of the Opposition" shall be the leader of the party with the most Cosa seats assigned to MCs who voted NON on the last Vote of Confidence. ([[53RZ10]]) | |||
24. After the close of Ziu business, the Secretary will make known to the press as soon as possible the results of the votes. ([[53RZ22]]) | |||
:24.1 PDs shall be published at the earliest possible opportunity in the next Clark ([[53RZ22]]) | |||
[Scribe note: ([[53RZ22]]) specifies the addition of a 'new H.2'. However, there is already an 'H.2' substantially different than the text specified by ([[53RZ22]]). Ergo, I have put in this new text as a new section H.24 - GV, Scribe; 31 July 2020] | [Scribe note: ([[53RZ22]]) specifies the addition of a 'new H.2'. However, there is already an 'H.2' substantially different than the text specified by ([[53RZ22]]). Ergo, I have put in this new text as a new section H.24 - GV, Scribe; 31 July 2020] | ||
25. The Cosa may hold living Cosas during subsequent Clarks by a vote of the Cosa naming the specific month in which the event is to take place. 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. 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. ([[53RZ22]]) | |||
:25.1 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. ([[53RZ22]]) | |||
:25.2 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. ([[53RZ22]]) | |||
:25.3 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. ([[53RZ22]]) | |||
:25.4 Senators shall be permitted to participate in Living Cosâ debates on the same terms as MCs, but may not delegate or exercise proxy votes. ([[53RZ22]]) | |||
==I. Military== | ==I. Military== | ||
([[55RZ14]]) | |||
1. The Royal Talossan Navy shall be administered by the Admiral of the Fleet (RTN O-9 / NATO OF-10), appointed by the Monarch upon recommendation by the Minister of Defence or designated subordinate and approval by a majority vote in the Ziu. | 1. The Royal Talossan Navy shall be administered by the Admiral of the Fleet (RTN O-9 / NATO OF-10), appointed by the Monarch upon recommendation by the Minister of Defence or designated subordinate and approval by a majority vote in the Ziu. | ||
1.1. Each of the three Branches of the Navy (the Naval Corps, Marine Corps, and Air Corps) will be under the immediate direction of a Branch Chief; those being the Chief of Talossan Naval Operations (Admiral – RTN O-8 / NATO OF-9), Commandant of the Royal Talossan Marine Corps (General – RTMC O-8 / NATO OF-9), and Chief of the Royal Talossan Air Corps (Chief Marshal – RTAC O-8/NATO OF-9). Each are appointed by the | 1.1. Each of the three Branches of the Navy (the Naval Corps, Marine Corps, and Air Corps) will be under the immediate direction of a Branch Chief; those being the Chief of Talossan Naval Operations (Admiral – RTN O-8 / NATO OF-9), Commandant of the Royal Talossan Marine Corps (General – RTMC O-8 / NATO OF-9), and Chief of the Royal Talossan Air Corps (Chief Marshal – RTAC O-8/NATO OF-9). Each are appointed by the Seneschal upon recommendation by the Minister of Defence or designated subordinate and approval by the Admiral of the Fleet. | ||
1.2 The Admiral and the three Branch Chiefs compose the Navy Board and are charged with the day-to-day operations of the Bureau. | 1.2 The Admiral and the three Branch Chiefs compose the Navy Board and are charged with the day-to-day operations of the Bureau. | ||
1.3 The Minister of Defence, in consultation with the Navy Board, shall promulgate a code of military regulations to be known as the Uniform Code of Military Organization or UCMO for the purpose of the organization, training and discipline of the Talossan Armed Forces. The UCMO shall reflect the professionalism of the Armed Forces of the Kingdom of Talossa as well as recognize the relations of our great nation’s place in retrospect to the other great nations and allied militaries of the world. | 1.3 The Minister of Defence, in consultation with the Navy Board, shall promulgate a code of military regulations to be known as the Uniform Code of Military Organization or UCMO for the purpose of the organization, training and discipline of the Talossan Armed Forces. The UCMO shall reflect the professionalism of the Armed Forces of the Kingdom of Talossa as well as recognize the relations of our great nation’s place in retrospect to the other great nations and allied militaries of the world. | ||
1.4 Private Adventurers in possession of royal letters of marque and reprisal shall be granted commissions as | 1.4 Private Adventurers in possession of royal letters of marque and reprisal shall be granted commissions as Officers of the Line in the reserve of the Royal Talossan Navy in inactive status. Private Adventurers shall be governed by the Office of Private Adventurers within the Navy and by the UCMO. | ||
2. The Els Zuávs da l'Altahál Rexhitál (the Zouaves of the Royal Bodyguard) shall be led by El Capitán da l'Altahál (The Captain of the Guard). | 2. The Els Zuávs da l'Altahál Rexhitál (the Zouaves of the Royal Bodyguard) shall be led by El Capitán da l'Altahál (The Captain of the Guard). | ||
2.1. Establishment of Official Improvised Weaponry. Bedposts are declared to be the "official preferred improvised weapon" of the Zouaves of the Royal Bodyguard. ([[38RZ18 | 2.1. Establishment of Official Improvised Weaponry. Bedposts are declared to be the "official preferred improvised weapon" of the Zouaves of the Royal Bodyguard. ([[38RZ18]]) | ||
2.2. Military Use of Bedposts. The Zouaves of the Royal Bodyguard shall make use of bedposts for ceremonial and drill purposes. ([[49RZ20 | 2.2. Military Use of Bedposts. The Zouaves of the Royal Bodyguard shall make use of bedposts for ceremonial and drill purposes. ([[49RZ20]]) | ||
2.3. Cupped Bedposts. Bedposts used by the Zouaves of the Royal Bodyguard may have an indentation in the end of the bedpost up to one inch in depth and between one and two inches in diameter. The indentation must be curved with no foreign substances added. The bedpost, for not more than 18 inches from its end, may be covered or treated with any material or substance (such as pine tar) to improve the grip. No bedpost may be used for military purposes which is not a single piece of wood or which has been hollowed out and filled with cork or rubber. | 2.3. Cupped Bedposts. Bedposts used by the Zouaves of the Royal Bodyguard may have an indentation in the end of the bedpost up to one inch in depth and between one and two inches in diameter. The indentation must be curved with no foreign substances added. The bedpost, for not more than 18 inches from its end, may be covered or treated with any material or substance (such as pine tar) to improve the grip. No bedpost may be used for military purposes which is not a single piece of wood or which has been hollowed out and filled with cork or rubber. | ||
2.4. Military Bedpost Regulation. Appropriate officers of the Guard shall be held responsible by the Ministry of Defence for establishing further regulations for the provisioning and use of said bedposts, such as specifying the size of the bedframe from which a bedpost issued to and maintained by service members at each military rank shall be taken, and specifying military exercises for the practice and display of proficiency and fluency in the use of the bedpost, for the purposes of both close-combat and the ceremonial fancy throwing the thing up and flipping it in circles and stuff before catching it with flair and shouldering it sharply, maybe even spinning around a time or two while it's in the air; you know, stuff like that. ([[47RZ8 | 2.4. Military Bedpost Regulation. Appropriate officers of the Guard shall be held responsible by the Ministry of Defence for establishing further regulations for the provisioning and use of said bedposts, such as specifying the size of the bedframe from which a bedpost issued to and maintained by service members at each military rank shall be taken, and specifying military exercises for the practice and display of proficiency and fluency in the use of the bedpost, for the purposes of both close-combat and the ceremonial fancy throwing the thing up and flipping it in circles and stuff before catching it with flair and shouldering it sharply, maybe even spinning around a time or two while it's in the air; you know, stuff like that. ([[47RZ8]]) | ||
3. The Grupâ Primár del Säpençéu (Primary Intelligence Group) shall be administered by the Zirectéir del Säpençéu (Intelligence Director). This group is chartered to collect, analyze and disseminate vital information to our Seneschál and others as directed. Operates separately from, but in concert with all other domestic and allied information collection agencies, military organizations, law enforcement agencies and other groups as directed. Provides briefings to the Ziu as directed by the Seneschál. Will be divided into three branches, which, respectively, may be headed by a Deputy Director, and are known as: General Operations Directorate - which conducts clandestine operations, information collection and other duties as directed. Analysis Sub-Section - which conducts information analysis and other duties as directed. Internal Information Security Sub-Section, which conducts intra-agency security operations and other duties as directed. | 3. The Grupâ Primár del Säpençéu (Primary Intelligence Group) shall be administered by the Zirectéir del Säpençéu (Intelligence Director). This group is chartered to collect, analyze and disseminate vital information to our Seneschál and others as directed. Operates separately from, but in concert with all other domestic and allied information collection agencies, military organizations, law enforcement agencies and other groups as directed. Provides briefings to the Ziu as directed by the Seneschál. Will be divided into three branches, which, respectively, may be headed by a Deputy Director, and are known as: General Operations Directorate - which conducts clandestine operations, information collection and other duties as directed. Analysis Sub-Section - which conducts information analysis and other duties as directed. Internal Information Security Sub-Section, which conducts intra-agency security operations and other duties as directed. | ||
4. Talossa | 4. Talossa maintains a military in keeping with the tradition of all of history's greatest nations. The military is maintained in effort to provide our citizens a unique opportunity to serve the Kingdom in uniform while gaining access to both special training and social opportunities. As an internally focused service, the UTMF are not intended for offensive use and anyone who commits actual acts of violence in the name of Talossa will lose their citizenship (according to the will of the Cort pu Inalt). The Kingdom shall continue to represent and encourage peace between among all nations, Macro and Micro in nature. | ||
==J. Telecomuna (Does not take effect until April 1 2016)== | ==J. Telecomuna (Does not take effect until April 1 2016)== | ||
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4.2. The appointments shall be considered effective upon their being provided to the Chancery to be recorded by His Majesty's Secretary of State. (52RZ4) | 4.2. The appointments shall be considered effective upon their being provided to the Chancery to be recorded by His Majesty's Secretary of State. (52RZ4) | ||
4.3. Persons appointed to vacated Senatorial seats shall be subject to the terms of Article | 4.3. Persons appointed to vacated Senatorial seats shall be subject to the terms of Article III, Section 2 of the Organic Law and to any and all other statutory and Organic provisions respecting the exercise of the rights and privileges of the office of Senator, notwithstanding any contrary eligibility and standing held by the appointed Regent ([[53RZ22]]) ([[52RZ4]]) | ||
4.4. Should either of the persons empowered by this law fail to make the said appointment(s) after a period of seven (7) days, the Regent still-serving shall be empowered to make the said appointment(s). (52RZ4) | 4.4. Should either of the persons empowered by this law fail to make the said appointment(s) after a period of seven (7) days, the Regent still-serving shall be empowered to make the said appointment(s). (52RZ4) | ||
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9. The King shall never be allowed to enter the Senäts, unless he is cited to testify in a Senate commission. ([[53RZ22]]) | 9. The King shall never be allowed to enter the Senäts, unless he is cited to testify in a Senate commission. ([[53RZ22]]) | ||
10. | 10. Stricken by Statute ([[55RZ16]]) ([[53RZ22]]) | ||
11. The present Royal Family is styled El Ca Lupul (The House and Dynasty of Lupul) ([[53RZ22]]) | 11. The present Royal Family is styled El Ca Lupul (The House and Dynasty of Lupul) ([[53RZ22]]) |