Law talk:The OrgLaw AMENDMENT (Provincial Government) BILL 1 of 2015

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King John's Statement

The complete text of King John's statement follows:

The Organic Law provides that

An amendment to the Organic Law may be made by proclamation by the King where so authorized by:

A vote of two-thirds in both chambers of the Ziu, and Approval of the majority of voters participating in a referendum on the question of the amendment no later than during the next scheduled general election following the approval of the Ziu.

While it has been our usual habit to allow Amendments to pass into the Organic Law without explicit proclamation by the King — according, I suppose, to the general legal principle that qui tacet consentire videtur —, I have long felt that a more formal adherence to the Law on this point would be better practice. Therefore, since I *may* proclaim the Amendments recently approved, I hereby proclaim all of them except referendum number 3, 47RZ28, which I hereby explicitly refrain from proclaiming even though I am *authorized* to do so.

My reason for NOT proclaiming 47RZ28 is simply that to do so would limit the Crown's freedom in exercising the Royal Organic prerogative to appoint as Constable — that is, as the Crown's personal representative to a Province — whomever the Crown pleases. This action is in concert with my general intention vigorously (but always legally!) to defend the Crown's several privileges and prerogatives.

Done under Our hand Royal at the city of Centennial in Colorado this 2nd day of June being Whit Tuesday according to the Orthodox Paschalion, in the year of salvation 2015, of the independence of Talossa the thirty-sixth, and of Our reign the ninth.

— John Regeu

Statement from the Scribery of Abbavilla

Scribe dal Nordselva's statement The Cort pu Inalt has ruled and therefore this amendment is now legally enforceable. As such, it has been added to the Organic Law as Article XVII Section 14.

The complete text of Scribe M.T. Patritz da Biondeu's statement follows:

Per OrgLaw XV.1, an amendment to the Organic Law may be made by proclamation by the King where so authorized by:

  • A vote of two-thirds in both chambers of the Ziu, and
  • Approval of the majority of voters participating in a referendum on the question of the amendment no later than during the next scheduled general election following the approval of the Ziu.
  • Proposed changes to this Organic Law that affect the representation of a province in the Senäts, or of the territory or equal sovereignty of a province, shall only be passed with the approval of a majority of participating voters in that province.


The Scribery has reviewed the above criteria and has determined that 47RZ28 is to be considered 'In Force' and will be admitted in to the Digest as such. OrgLawXV.1 states the King 'may' be made by proclamation but does not state that an amendment 'must' be made by proclamation. His choice to not proclaim the amendment does not nullify the will of the people and the intent of OrgLaw XV.1.

Archive

Previous Scribe Notes

(Deputy) Scribe's Note: This amendment passed the Cosa with a two-thirds majority, the Senäts with a majority, and passed with a two-thirds majority of citizens voting (not abstaining) in the election for the 48th Cosa. Following the announcement of the election results, King John stated that he would not proclaim this amendment, and under his interpretation it would not become law. The current Government has since filed a Petition for Declaratory Relief with the Uppermost Cort to invalidate the King's lack of proclamation, which would allow this amendment to take effect.
As the Scribery is not tasked with, nor responsible for, interpreting law or making legal arguments; and because the current status of this amendment is uncertain, the Scribery will add this to the Digest of Laws but, for the moment, refrain from officially amending the page for Organic Law. (Munditenens Tresplet, June 2nd, 2015)