Post by Ian Plätschisch on Dec 13, 2018 17:57:21 GMT -6
WHEREAS King Robert I and the Kingdom of Talossa ratified the Organic Law in 1997, and
WHEREAS Since that time, the Organic Law has continuously been amended, and
WHEREAS Twenty-years of amendments have resulted in an Organic Law that is cumbersome, contains ambiguities, inconsistencies, and difficult to understand, and
WHEREAS Many express dissatisfaction and a desire to fix the Organic Law, and
WHEREAS Many also treasure the institutions of the Organic Law, and
WHEREAS Decades of mistrust continue to inhibit the ability for many Talossans to overlook their differences, agree to compromise, and fix what is broken with the Organic Law, and
WHEREAS It is the intention of this proposed amendment to make the needed fixes without sparking ideological strife, and
WHEREAS The proper role of any government is the absolute protection of our individual rights and liberties against tyranny, and
WHEREAS That vision has guided the creation of this amendment
THEREFORE All of the text of the Organic Law is repealed and replaced with the provisions contained herein.
FURTHERMORE The unamended Organic Law shall govern Talossa for one year from adoption of the current law, with the purpose of providing the Ziu the ability to rewrite statutory law to adhere to the guidelines set forth in the amendment, to appoint Justices, and to prepare for full implementation, under the procedures of the unamended Organic Law, the one year mark shall begin upon ratification of this Amendment in accordance with the procedure outlined the current Article XV of the Organic Law, with the supermajority of Section 6 of that article required.
FURTHERMORE The current statutes related to the rotation of senatorial seats shall remain in effect, and the only modifications permitted, outside of the below proposed two-thirds majority, are those that change appropriate references to the amendment herein.
FURTHERMORE The role of the current King John shall remain in place, and that upon adoption of this amendment, he shall officially take on the title of Monarch as described in Chapter II.
FURTHERMORE The Ziu, Prime Minister, and King, acting under the guidelines set forth in the previous Organic Law, may issue a Writ of Implementation before the one-year mark described above, which shall require that the formation of an Electoral Commission in accordance with the incoming Organic Law, and that a snap election must be held in accordance with this amendment, with that amendment now the law of the land.
FURTHERMORE If, however, as the one year-date approaches, there remains more work, then the Ziu may ask the people in a simple referendum to be held by public ballot for an extension of no more than six months. At the expiration of which time, the amendment shall be deemed to be the official law of the land.
FURTHERMORE the first act of the First Clark of the First Ziu under the amendment shall be, in addition to those obligations described therein, to adopt all of the statutory laws previously changed by a simple majority and in one reading, regardless of what procedures that shall subsequently become necessary.
WHEREAS, the people of the Atatürk, the Sovereign Province of Benito, Cézembre, the Free Province of Fiôvâ, Florencia, Maricopa, Maritiimi-Maxhestic, the United Provinces of Vuode and Dandenburg, have agreed to unite in one indissoluble union under the Crown of the Kingdom of Talossa, and recognize the sole reason for the existence of the Kingdom of Talossa is to protect the rights enumerated in the Covenant of Rights and Freedoms, hereby establish this Organic Law for the purpose of protecting those rights:
Chapter I: General Points of State
Article 1. Name
The name of the State, in the national language, is El Regipäts Talossán. In English, the name of the State is the Kingdom of Talossa.
Article 2. Spirit of Talossa
The reality of the Kingdom of Talossa is lived out most positively through its historic spirit, of which all Talossan institutions are guardians and enhancers. The Kingdom of Talossa is a community of persons having fun by doing things which are reasonably similar to what other ("real") countries do, whether for reasons of tourist nostalgia, out of a lust for power, in pursuit of parody, or -- yes -- as nation-building.
Article 3. Definition of Legal Territory
The metropolitan territory of Talossa consists of all land on the Talossan Peninsula south of a line drawn from east to west through points lying equidistant from the north and south curbs of Edgewood Avenue, i.e. the former border between the City of Milwaukee and the Village of Shorewood. The territorial waters of the Kingdom extend half-way out into the Milwaukee River, south and west of the national territory. The territorial waters extend into the Talossan Sea (Lake Michigan), a distance of three kilometres eastward. The metropolitan territory also includes the island of Cézembre, off the coast of France. Talossan territory shall also include the Talossan overseas colony, Pengöpäts Antarctic Territory, and any lands or islands that are formed or that may appear in Talossa's territorial waters, in whole or in part, and extends into the atmosphere above the land and water territory. This territory is sacred and inviolable. It shall not be ceded, reduced or broken up. This territory is claimed, occupied and administered by right of history and shall never be abandoned.
Article 4. Capital
The Capital of the Kingdom of Talossa shall be known as Abbavilla.
Chapter II: The Crown
Article 1. The Role of the Sovereign
The Crown shall be occupied by one individual henceforth known as the Monarch, in which certain Royal Powers and duties as prescribed in this Organic Law shall be vested; the failure of the Crown to take an affirmative action within a reasonable amount of time must be understood as Royal Assent. The Monarch's primary role shall be of the guardian and defender of the existence of Talossa and of its Constitutional Order, and such other roles as specified in this Organic or other Law. The Monarch shall not vote in elections for the Ziu and shall not be a member of any political party, nor shall they support any political party's or individual's political activity.
Article 2. Succession
Section 1.
The Monarch must at all times be a citizen of the Kingdom of Talossa as defined by law, and upon renunciation or loss of citizenship shall be deemed to have abdicated the Crown. Should the Monarch at any time renounce or lose their citizenship, that renunciation or loss shall be deemed to imply their abdication of the Throne. Upon the demise, abdication, or removal from the Throne of any Monarch, the Crown shall pass to their next heir; but if the Monarch has no heir, the Crown shall pass to the next heir of the previous Monarch, or (if they in turn has no heir) to the next heir of the next previous Monarch before him, and so on. For the purpose of determining who is the Monarch's next heir, each person shall be followed in the line of succession by their natural legitimate children (whether born or unborn at the time of the Monarch's death) in order of their birth (each followed by their own descendants).
Section 2.
If the Crown should pass to any person who does not wish at that juncture to become Monarch, who cannot legally be Monarch, who is suspended from the line of succession, who is not a citizen of Talossa, or who has previously been Monarch and has abdicated the Throne, it shall instead pass to the next person after them in the line of succession.
Section 3.
The Ziu may, by legislation passed by two thirds of each House, not subject to veto, suspend any person from their place in the line of succession, and may, by a resolution of a majority of either House, not subject to veto, remove such a suspension and restore the suspended person to their place.
Article 3. Deposition
In the event that the Monarch is determined by a medical authority to be incapable of executing their duties, or if they are otherwise deprived of their natural liberty due to crimes committed in another sovereign State, or if they are convicted of high crimes to be determined by the Ziu by a two-thirds vote of both houses and immediately certified by a two-thirds vote in a referendum, the Monarch shall be deemed to have abdicated the Crown.
Article 4. Delegation
Section 1.
From time to time, a Regent (or a Council of Regency, which is considered equivalent to a Regent) may be appointed, who shall administer the government in the name of the Monarch and exercise all powers Organically or legally vested in the Monarch, except the power to appoint or replace a Regent. No person not a citizen of Talossa shall be competent to serve as Regent or member of a Council of Regency.
Section 2.
Part 1. If the Crown is inherited by an individual in their infancy, to be defined by the law, the Ziu may appoint a Royal Representative by a two-thirds vote of both houses, who shall perform the duties of the Monarch until such time as the Monarch achieves the age of majority. The Royal Representative must otherwise meet all citizenship requirements and any other requirements set forth by the Ziu of the Kingdom of Talossa and may be replaced by the Ziu by a two-thirds vote of both houses.
Part 2. The Monarch may, prior to abdication or death, and in anticipation of an infant sovereign, appoint a Royal Representative, which may not be overturned absent two-thirds of both houses of the Ziu, except if the abdication is the result of a cause set forth in Article 3 of this chapter, upon which the Monarch’s appointee must be ratified according to the preceding part of this section.
Chapter III: The Government
Article 1. The Ziu
Section 1.
The National Parliament of the Kingdom of Talossa shall be known as the Ziu and composed of two equal houses known as the Senäts and the Cosa.
Section 2.
The Ziu shall have power to make laws for the peace, welfare, and good government of the Kingdom of Talossa with respect to the repeal and amendment, subject to this Organic Law, of federal legislation made prior to this Organic Law coming into effect; census and statistics; weights and measures; currency, coinage, and legal tender; appropriation, and outlays of the public revenue and moneys of the Kingdom, but so as not to discriminate between Provinces or Territories or parts thereof; copyrights, patents, and trademarks; postal, telegraphic, telephonic, radio, television, internet, and other like services; the defense of Talossa, and parts thereof; the control of the forces to execute and maintain the laws of Talossa; commerce within and without the territory of Talossa; corporations formed under the laws of Talossa; immigration and emigration, naturalization and aliens; treason and sedition; symbols, flags, heraldry, anthems, cultural events and other like things in Talossa, but not of the individual Provinces; disputes and relations between provinces; and the creation of new provinces, such that the sovereignty and territory of any extant Province is not altered without the consent of that Province.
Section 3.
All powers not enumerated in this Organic Law shall be delegated to the authority of the Provinces. The Ziu shall not pass any statute that contravenes the Organic Law or the Covenant of Rights and Freedoms, or breaches the autonomy reserved for the Provinces.
Section 4.
Part 1. The Ziu shall sit for no more than seven Clarks. Each Clark shall last from the first day to the twenty-first day of a month. Unless otherwise specified in this Organic Law, Clarks shall take place in consecutive months and consist of introduction, passage, and certification of legislation.
Part 2. In any month that would otherwise contain a Clark other than the first or final Clark, the Seneschal may call for a Prorogation, where no Clark shall be published. A Prorogation shall reduce by one the number of Clarks until the next general election.
Part 3. Upon completion of the final Clark, the Secretary of State shall promulgate the writ of dissolution, and in so doing, all individuals shall relinquish their seats in the Cosa. Ministers may continue to perform their function until such time as a new government is established.
Part 4. In the event that a Seneschal fails a vote of confidence, the immediate subsequent Clark shall be deemed the final Clark
Section 5.
All citizens of the Kingdom of Talossa, having reached the age of majority, shall be eligible to sit in the Ziu, provided they do not hold the title of Secretary of State, Monarch, or Royal Representative. No individual may simultaneously sit in the Senäts and in the Cosa, and no Judge or Justice in any national court of Talossa shall sit in the Senäts.
Section 6.
Any Senator or Member of the Cosa shall be removed from the Ziu if they fail to vote on two consecutive Clarks in the same session. The seats relinquished by a removed MC may be reallocated by the party that has an interest in those seats.
Article 2. Matters Unique to the Senäts
Section 1.
The Senäts shall be composed of one Senator from each province.
Section 2.
The provinces shall retain the authority to elect a Senator as they see fit. A senator must be a citizen of the province in which they are a Senator. Elections to seats in the Senäts shall be staggered into thirds based on a fixed rotation to be set by law. Any changes to the rotation shall require a two-thirds vote of the Senäts, with a simple majority of the Cosa with Royal Assent.
Section 3.
Provinces may set out procedures for the appointment or election of a Senator to fill a vacancy caused by the resignation of a Senator or the removal of a Senator in accordance with Section 5 of this Article.
Section 4.
The Senäts shall enjoy the right to set forth its parliamentary procedure, which shall be inherited from preceding session of the Senäts. The Senäts shall enjoy the right to govern itself as it deems necessary and proper.
Section 5.
Part 1. The Senäts shall retain authority to determine conduct that it deems repugnant warranting removal of a sitting member. All repugnant conduct shall be inherited from the preceding session of the Senäts but may be modified effective upon adoption by a majority of the Senäts. However, no modification of conduct shall come into force against a sitting Senator until such time as they have sat for reelection.
Part 2. A Senator shall be deemed expelled if, after that Senator has been made to answer for the charges levied through an internal trial for which the Senäts shall set forth procedure, a call for expulsion is supported by a simple majority of the body, notwithstanding the charged Senator’s vote.
Part 3. Upon a Senator being deemed expelled, within one month, the Secretary of State shall submit a referendum to the Senator’s constituency, following the same duration and procedures as a national election, as to whether the Senator shall be removed, which shall require an affirmative vote of a simple majority. If the expulsion occurs in the final Clark, the referendum shall correspond with the national election. The result of the referendum shall determine whether the Senator is removed from the Senäts. In the event an expelled Senator survives removal, they shall resume their right to fully participate in all Senäts proceedings and may not be subject to expulsion based on the same transaction or occurrence.
Article 3. Matters Unique to the Cosa
Section 1.
The Cosa shall consist of no less than double the seats of the Senäts. The Ziu shall retain the power to increase or decrease the number of seats as necessary by passage of legislation, which shall require an affirmative vote of no less than two-thirds of the Cosa, with a simple majority of the Senäts and Royal Assent.
Section 2.
The Cosa shall be elected by universal ballot cast for a specific political party, and seats shall be awarded according to proportional representation. Upon the certification of election results, the Secretary of State shall make public the final tally of votes for each political party.
Section 3.
The Cosa shall enjoy the right to set forth its parliamentary procedure, which shall be inherited from preceding Cosa. The Cosa shall enjoy the right to govern itself as it deems necessary and proper.
Section 4.
Part 1. The Cosa shall retain authority to determine conduct that it deems repugnant warranting removal of a sitting member. All repugnant conduct shall be inherited from the preceding Cosa, but may be modified only in the First Clark, and may be modified by a three-fifths majority of the Cosa.
Part 2. Pursuant to procedures set forth by the Cosa, any member may charge another member with repugnant conduct, and upon a petition signed by two-fifths of the Cosa being presented, the sitting member is deemed under investigation. No member shall be investigated due to repugnant conduct that went into effect after the action was committed.
Part 3. When a member is under investigation, an internal trial shall be held according to a procedure established under the rules and procedure of the Cosa. At the conclusion of that trial, upon an affirmative vote of three-quarters of the sitting members, the member under investigation is deemed removed, with the seats to be reallocated by the Party who has an interest in those seats.
Part 4. A Party may, upon a petition signed by two-fifths of the Cosa being presented, recall one of its members and reallocate their seats according to its own procedures.
Part 5. An individual removed in accordance part 3 of this section shall be precluded from being allocated seats by any Party in the Cosa until such time as two national elections have occurred
Part 6. (a) An individual may be removed during the final Clark; (b) no individual may be subject to a charge during the First Clark; and (c) an individual who is expelled but survives removal may not be forced to answer for conduct resulting from the same transaction or occurrence.
Article 4. The Seneschal
Section 1.
The Seneschal (Prime Minister) shall be known as the Head of Government for the Kingdom of Talossa and shall be chosen based on the provisions set forth herein. The Seneschal may appoint a Distain (Deputy Prime Minister).
Section 2.
Any citizen of Talossa shall be eligible to be Seneschal except for those who hold the title Monarch or Royal Representative, or Justice.
Section 3.
The Seneschal may enter treaties and declare war with the approval of the Ziu. The Seneschal may also issue Prime Dictates that have the effect of statute, but the Ziu may, by legislation, nullify a prime dictate.
Section 4.
Part 1. The Seneschal may recommend the appointment of various Ministers to the cabinet. The authority of these Ministers shall be set by law. All Ministers are subordinate to the Seneschal and must adhere to guidance set forth by that office.
Part 2. The Seneschal may petition the Monarch to remove a Minister, who shall have discretion as to whether to grant the Seneschal’s request. In the event the Monarch refuses such a request, the Seneschal may ask the Cosa to hold an immediate vote of confidence related specifically to that Minister. Should the Minister fail the vote of confidence, the Minister is considered removed.
Part 3. Upon the death, resignation, or disability of the Seneschal, the Distain shall become the Seneschal. Upon a Prime Dictate by the Seneschal with assent of the Monarch, a duly appointed Distain shall be Acting Seneschal, until such time as the Seneschal rescinds that Prime Dictate. Rescission does not require Royal Assent.
Article 5. General Elections
Section 1.
Part 1. (a) The Ziu shall set by law the registration requirements of a group seeking recognition of as a political party, and may require political parties to disclose to whom the party will assign seats in the Cosa, or require that parties pay a small fee in order to register, provided that such a fee is uniform for all parties; and (b) the Secretary of State may promulgate regulations regarding party registration, provided such regulation does not contravene an act of the Ziu or this Organic Law.
Part 2. (a) The Ziu shall set by law the procedure for the administration of national elections; (b) the Ziu may delegate the responsibilities of conducting an election to the Secretary of State or any ministry it deems necessary; and (c) all rules and procedures must be promulgated three months prior to the national election.
Part 3. (a) The Ziu may permit a province to delegate the authority to conduct its Senatorial election to the individual or entity established to conduct national elections; (b) such a delegation of power accepts as governing any and all law or regulation with respect to the Senatorial election, including those protected rights listed in part 4 of this section; (c) a province reserves the right to revoke this delegation; and (d) the Ziu may require by law that Senators-elect pay a small fee before being seated in the Senäts, provided that such a fee is uniform for all Senators-elect.
Part 4. (a) No citizens, having achieved the age of majority, shall be disenfranchised through the use of taxes or tests or other undue burdens; (b) all voters shall use a private ballot; (c) the Ziu shall enforce this protection by appropriate legislation as is necessary and proper.
Part 5. Each General Election shall be conducted from the fifteenth day of the month proceeding the final Clark of the preceding Cosa to the first day of the following month.
Part 6. The Ziu may prepare referenda and submit these to popular vote of the people as it sees fit. Referenda questions appear on the ballot during the next general election, or sooner, if the Seneschal so chooses to authorize. All procedures set forth in this section, except Part 5, shall apply to any referenda set or national poll held separately from a general election.
Section 2.
Part 1. All national elections must be certified in accordance with law set by the Ziu. In the event the Ziu fails to proscribe law, the Monarch may set up a temporary procedure for certification.
Part 2. Certification must include an apportionment of seats for the Cosa, a declared winner in a Senatorial race, the results of any referendum voted upon, or any other matters for which citizens voted that relates to the national government.
Section 3.
Part 1. Upon certification of the general election, and apportionment of seats, until the day before the first Clark of the upcoming Cosa, which shall begin on the first day of the month following the last day of the Election, any Party may announce to the Secretary of State their intent to form a government. Such a statement of intent shall include a candidate for Seneschal, a candidate for Distain and a list of ministers.
Part 2. If the Secretary of State does not receive a statement of intent from any party, the Secretary of State shall postpone the first Clark by one month, and the maximum number of Clarks in the upcoming session of the Ziu, as defined elsewhere in this Organic Law, shall be reduced by one. If the Secretary of State still does not receive a statement of intent from any party, the Secretary of State must promulgate a Writ of Dissolution and a new election must be held.
Part 3. During the First Clark, the Cosa shall select between the various candidates for Seneschal using Instant Runoff Voting, with one option being the election of no Seneschal. The Monarch shall appoint the Seneschal elected by the Cosa, who shall take the office from the previous Seneschal.
Part 4. Each Minister must receive a simple majority vote of the Cosa. A Minister shall hold office until a new Minister is appointed to that portfolio, provided the Minister does not leave office in some other manner.
Part 5. In the event that the Cosa does not elect a Seneschal, a new ballot shall be held during the second Clark; the parties shall be empowered to amend or rescind any statement of intent that they had previously submitted, until the day before the second Clark. If again the Cosa does not elect a Seneschal, the Secretary of State must promulgate a Writ of Dissolution and a new election must be held.
Part 6. The Seneschal shall immediately seek Royal Assent for each Minister, excluding the Seneschal. If the Crown is silent for a period of two weeks, assent shall be deemed automatic, and if Royal Assent is withheld for a specific Minister, the Cosa may reconfirm the Minister by a simple majority.
Chapter IV: The Judiciary
Article 1. Composition of the Judiciary
Section 1.
The judicial power of the Kingdom of Talossa shall be vested in one Cort pü Inalt, in English the Uppermost Cort, and in such inferior courts as the Ziu may from time to time ordain and establish.
Section 2.
A Justice of the Uppermost Cort shall be appointed to sit for a single term, which shall be measured in intervals of five years, but may be extended to no more than ten years by the Ziu, provided it is equally applied to all members.
Section 3.
Part 1. During the second to last Clark before a Justice's term ends, if no action is taken, then the Justice is reconfirmed by law.
Part 2. The Seneschál or another member may move by acclamation to reappoint a justice. If no objection is made in two weels, the motion is adopted. If acclamation fails. then the Ziu shall vote, and if the nominee gets a 2/3 majority in both Houses of the Ziu, they are confirmed.
Part 3. If the vote fails, then the Seneschál may choose to nominate the Justice once more, who shall oy require a simple majority in both Houses.
Part 4. A Justice shall hold that seat until such time as they resign, are removed, or are no longer able to perform their duties on account of incapacitation, as defined by law.
Section 4.
The Uppermost Cort shall consist of no less than two Pusine Justices and one Chief Justice, which may be extended to no more than eight Pusine Justices as the Ziu may desire, provided the enacting legislation has the support of two-thirds of both houses of the Ziu, but such an increase shall not result in an even number of Justices.
Section 5.
In the event the Uppermost Cort consists of two Justices, and those Justices are in agreement, the Court’s decision shall stand, but that decision shall not establish precedent until a quorum of three issues a determination.
Section 6.
The Ziu shall retain authority to set such limits it deems necessary on Judges of the inferior corts.
Article 2. Powers of the Judiciary
Section 1.
The judicial power shall extend to all cases, in law and equity, arising under this Organic Law, the treaties made, or which shall be made, under their authority, to cases affecting ambassadors, or other public ministers and consuls; to all cases of admiralty and maritime jurisdiction, to controversies to which the Kingdom of Talossa shall be a party; to controversies between two or more provinces; between private citizens; between private citizens and a province. The judiciary shall not hear matters for which no case or controversy exists.
Section 2.
In all cases affecting the Kingdom of Talossa, the Uppermost Cort shall have original jurisdiction, and in all cases previously mentioned, the Uppermost Cort shall have appellate jurisdiction, both as to law and fact, when the Ziu has set forth inferior courts, with such exceptions and under such regulations for those matters concerning administrative law as the Ziu shall make, which may be limited to appellate jurisdiction as to matters of law.
Article 3. Qualification and Removal from the Uppermost Cort
Section 1.
Nothing in this article shall be understood to contravene the Covenant of the Rights of Freedoms.
Section 2.
The Ziu shall set forth by law those qualifications it deems requisite prior to the nomination of a Justice to the Uppermost Cort.
Section 3.
The Ziu may limit by law those other offices in which a Justice may sit, and may limit those rights a Justice may enjoy, upon confirmation, which shall extend for the full duration of that Justice's tenure, including reconfirmation, unless the Ziu shall explicitly pass an Act removing such restraint when such removal applies equally to all sitting Justices. No limitation may be imposed ex post facto, but the Ziu may impose restraints upon reconfirmation.
Section 4.
Where a vacancy exists, the Prime Minister shall recommend to the Ziu a potential candidate, provided that such a confirmation may twice occur within the same Government.
Section 5.
Upon a recommendation, the respective houses of the Ziu must, based on their own procedure, advise and consent the Prime Minister, which must be concluded with two-thirds approval from the Cosa and a majority of the Senäts.
Section 6.
Upon receiving said advice and consent, the Sovereign shall issue his or her assent to the prospective individual. If the Sovereign withholds that assent, the process may be repeated once more within the same government, and a simple majority from both houses may overcome the Sovereign’s refusal.
Section 7.
The Ziu may set forth any procedure for reconfirmation, but such procedure may not exceed that which is required for nomination and confirmation in the first instance. Notwithstanding any act to the contrary, reconfirmation shall be deemed automatic at the end of a Justice's tenure by operation of law.
Section 8.
In the event that a sitting Justice of the Uppermost Cort acts in an manner that offends basic notions of propriety or perpetuates the appearance of impropriety, both in his or her official capacity or in the public square, any member of the Ziu may move for an Notice of Reprimand, which shall set forth an individual charge, unless that charge arises out of a series of transactions or occurrences, and the punishment that shall be imposed upon adopting of that motion. The Ziu shall permit any recourse up to but not exceeding removal from office, but shall not impose criminal liability, which may be sought in a Cort of Law. No Notice of Reprimand shall be considered presumptive guilt for criminal liability by a Cort of Law.
Section 9.
All punishment, including removal, shall require that the motion for reprimand to not extend more than one Clark, with the following Clark to contain a simple up-or-down vote on whether to adopt said motion, by two-thirds of the Cosa and a simple majority of the Senate. The Sovereign shall give his or her assent to the result. In the event the Sovereign affirmatively withholds assent, a second vote shall be had immediately thereafter, where, upon achieving the requisite result, the motion is deemed adopted.
Section 10.
Where the Ziu certifies by a simple majority that a justice has failed to act, rule, or appear in an open case to which the Justice is assigned to, or in which he has been subpoenaed to appear but fails to do so, for a period of 60 days, then he shall be considered to have abdicated his or her seat.
Chapter V: Source of Law
Article 1. Hierarchy of Law
Section 1.
The Covenant of Rights and Freedoms is the absolute authority and source from which all aspects of the Kingdom of Talossa derive their authority. This Organic Law and all other laws in the Kingdom of Talossa are passed under the authority of the Covenant of Rights and Freedoms.
Section 2.
This Organic Law is the Supreme Law governing the Kingdom of Talossa, and shall be the Supreme law of the land, subordinate only to the Covenant of Rights and Freedoms. This Organic Law exists to effectuate the protection of rights enumerated by the Covenant of Rights and Freedoms and must adhere to amendments to the latter.
Section 3.
Part 1. The Ziu, having been vested with the authority to pass legislation in accordance with the Organic Law and Covenant of Rights and Freedoms, shall have its law deemed superior to all others except those of the Organic Law and Covenant of Rights and Freedoms. Treaties having been ratified by the Ziu, as well as accepted International Law, shall enjoy the authority of statutory law.
Part 2. The Corts shall retain the power of Judicial Review as it relates to ensuring the acts of the Ziu do not contravene the Organic Law or Covenant of Rights and Freedoms, so long as the review is the result of an actual case or controversy.
Section 4.
Part 1. The Judiciary shall retain the authority to recognize the Common Law of Talossa, composed of Judicial interpretations of the Statutory Law of Talossa as well as the Common Law of other Anglo-American legal systems as the Judiciary shall see fit, so long as it does not contradict Talossan law, separate from its powers of judicial review. Such common law may be retained until such time as the Ziu passes legislation overturning, codifying or clarifying the law.
Part 2. The Rule of Law, being understood to mean an independent judiciary to ensure that all individuals and the State are subject to and treated equally under the law, shall be enforced in Talossa.
Article 2. Passing Legislation
Section 1.
The Ziu possess the sole authority to pass statutory law, as described elsewhere in this Organic Law. The Ziu is prohibited from passing ex post facto laws and Bills of Attainder.
Section 2.
The Ziu shall set forth the procedure for the introduction of legislation and the publication of a monthly journal of proposed acts and shall retain authority to set forth other rules necessary to ensure proposed legislation is proper.
Section 3.
All members of the Ziu may vote për (aye), contra (nay), or austanéu (abstain) for any measure before it. Additionally, all Senators must, during every Clark, respond to a roll call, and all Members of the Cosa must, during legislative Clarks, make their presence known by voting Üc (Yes) or Non (No) during a Vote of Confidence.
Section 4.
Part 1. Except where otherwise specified in this Organic Law, proposed legislation must pass the Ziu by a simple majority vote of each house in each of two readings in order to become law. Each reading shall take place during a Clark, and the Second Reading shall take place during the Clark immediately following the First Reading. No First Reading shall take place during the final Clark.
Part 2. The author of a bill may withdraw a bill prior to a Second Reading at any time but must resubmit that bill for a First Reading. Between the First and Second Readings, the author may fix typographical or grammatical mistakes but may not make any other amendments or material modifications.
Part 3. Ephemeral proclamations shall not require a Second Reading.
Section 5.
Part 1. (a) Royal Assent shall be sought for any bill that passes the Second Reading and deemed automatic unless the Monarch takes an affirmative action to issue a Royal Veto within ten days of passage; (b) laws are considered to be in effect the moment Royal Assent has been given, or the moment that a Royal Veto is overcome, unless the act sets forth an explicit later date upon which enforcement shall occur.
Part 2. (a) The Monarch may issue a Royal Veto after the First or Second Reading of a Bill; (b) a Royal Veto must include a statement by the Monarch, describing with specificity, why a Royal Veto was issued; (c) such a statement must be presented with the Bill if any member of the Ziu seeks to overturn a veto.
Part 3. (a) The Ziu may overcome a Royal Veto with a two-thirds majority of the Cosa and a majority of the Senäts in the subsequent Clark, known as the Third Reading. If the Third Reading takes place in the subsequent session of the Cosa, the Ziu may overcome the Royal Veto with only a simple majority; (b) if the Ziu fails to overcome a Royal Veto in a Third Reading that takes place in the same session as the previous readings, the Ziu may overcome the Royal Veto in a single reading requiring a simple majority vote during the subsequent session of the Ziu; (c) a Third Reading shall not contain any changes.
Section 6.
The Ziu shall arrange for the publication of law in national journals readily available to the People. If the Ziu fails to do so, the Monarch shall have authority to oversee this responsibility until such time as the Ziu remedies its defect.
Chapter VI: Territorial Subdivisions
Article 1. Provinces of Talossa
Section 1.
Part 1. All Talossan citizens living in Talossa shall belong to the Province in which they live, even when provincial borders change, and the citizen’s home reassigned to a different province.
Part 2. Citizens living outside of Talossa are assigned to a Province by the Ziu at the time of their naturalization by the Ziu, in accordance with the laws in place, however, no person shall have their assignment to a Province altered without their express consent, even if the Ziu shall see fit to redraw the geographic assignment boundaries.
Section 2.
Each Province shall be administered by a constitutional government elected democratically within the province and shall govern itself in such a manner as to guarantee its citizens the full protection of their rights under this Organic Law and Covenants of Rights and Freedoms. The Monarch shall appoint a Constable for each Province. Until such time as the Monarch or Constable proclaims a provincial constitution providing otherwise, a Province’s Constable shall serve as Military Governor and may exercise all the powers of the provincial government. No Constable shall proclaim any provincial constitution, nor shall any province pass a constitutional amendment, which conflicts with any provision of this Organic Law or with any other national law. No Constable shall proclaim any provincial constitution which has not been approved by a referendum in which at least either a majority of all citizens of the province or a two-thirds majority of votes actually cast is in favor of the constitution.
Section 3.
Provinces are self-governing and autonomous. The autonomy of the Provinces shall never be questioned. No act of the Ziu or the national Corts, or of any Ministry, shall contravene those powers reserved for the Provinces, unless such conduct breaches the Organic Law or the Covenant of Rights and Freedoms. No Province may secede.
Section 4.
Provincial borders may only be changed by the Ziu with the consent of the Province or Provinces in question.
Section 5.
No new province shall be constituted after the adoption of this Organic Law unless said proposed province shall contain within it a working constitution with an elected government and a citizenry comprising at least ten persons.
Article 2. Territories of Talossa
Territories are non-self-governing parts of the realm and are under direct authority of the Ziu.
Chapter VII: Citizenship
Article 1. Source of Citizenship
Section 1.
Children born after 1 January 1989/X, one (or both) of whose biological or adoptive parents is a Talossan citizen at the time of the birth, are native-born Talossan citizens ("Dandelions") and shall automatically have full voting rights when they register themselves with the appropriate authority on or after their 14th birthday.
Section 2.
Any foreigner or Cestoûr who feels in their heart of being Talossan may acquire Talossan citizenship by following the naturalization procedures set forth by law.
Section 3.
Talossan citizens may live within the country or abroad. This distinction does not affect their legal standing or their civil or political rights. There shall be no rights unique to citizenship acquired by birth-right nor by naturalization.
Article 2. Loss of Citizenship
Section 1.
Any Talossan may renounce their own citizenship, which shall be effective based on the procedure to be set by the Ziu.
Section 2.
Any Talossan who has been found to have obtained citizenship through the use of Fraud shall face criminal penalty as set forth by the Ziu, which shall be prosecuted by the Government of the Kingdom of Talossa in a Cort of Law, and upon a verdict of guilt, shall automatically be deemed to have lost their citizenship.
Section 3.
Any Talossan who is convicted certain crimes that are so egregious as to shock the conscience by courts of certain foreign jurisdictions, shall be deemed to have relinquished their citizenship in the Kingdom of Talossa pursuant to procedures set forth by the Ziu.
Section 4.
The Ziu shall have the authority to determine the citizenship status for any citizen who, without prior notification of good cause, fails to vote in any General Election or referenda or respond to any census for two years, as measured against their last vote or response, provided they have not otherwise made their presence known.
Chapter VIII: Amendments to this Organic Law
Article 1. Amendments Initiated by the Ziu
Section 1.
Any member of the Ziu may propose an amendment to the Organic Law, which shall require a two-thirds vote of the Cosa and a majority of the Senäts according to the rules set forth for passing legislation.
Section 2.
Part 1. Royal Assent, being required for an amendment to this Organic Law, shall be deemed automatic unless the Monarch takes an affirmative action to issue a Royal Veto within ten days of passage
Part 2. (a) The Monarch may issue a Royal Veto after the Second Reading of an amendment; (b) a Royal Veto must include a statement by the Monarch, describing with specificity, why a Royal Veto was issued; (c) such a statement must be presented with the amendment if any member of the Ziu seeks to overturn a veto.
Part 3. (a) The Ziu may overcome a Royal Veto with a three-fourths majority of the Cosa and an absolute majority of the Senäts in the subsequent Clark, known as the Third Reading. If the Third Reading takes place in the subsequent session of the Cosa, the Ziu may overcome the Royal Veto with only a two-thirds majority of the Cosa and a majority of the Senäts; (c) If the Ziu fails to overcome a Royal Veto in a Third Reading that takes place in the same session as the previous two readings, the Ziu may overcome the Royal Veto in a single reading requiring a two-thirds majority vote of the Cosa and a majority of the Senäts during the subsequent session of the Ziu.
Section 3.
Once an amendment has been approved by the Ziu and has either been given Royal Assent or overcame a Royal Veto, the amendment shall be transmitted to the people for their approval in a referendum to take place no later than the next General Election. If the amendment is approved by a majority of voters, the amendment shall take effect.
Article 2. Organic Convocation
Section 1.
If a three-fourths of the Provinces pass a resolution for an Organic Convocation, then such a Convocation shall be commenced within two months, composed of a representative selected by and from each province for the purpose of the Convocation. An Organic Convocation may recommend an amendment to the Organic Law by majority vote.
Section 2.
The authority of the Organic Convocation to address the concerns expressed by the Provinces shall be limited by the resolutions set forth by the Provinces and shall never exceed that authority.
Section 3.
Royal Assent shall be required for amendments passed by Organic Convocation and is deemed automatic if not withheld within ten days of recommendation by an Organic Convocation. In the event such Royal Assent is withheld, the Monarch shall issue a statement explaining with specificity the reason for withholding Assent, and the amendment and explanation shall be submitted to the Ziu for approval. If both houses of the Ziu approve the amendment by a two-thirds majority on the First Reading, the amendment is deemed to have received Royal Assent. If the Ziu approves the amendment by a simple majority on the First Reading, then it must pass by a simple majority on the Second Reading and will then be considered to have received Royal Assent.
Section 4.
Once an amendment recommended by an Organic receives Royal Assent, the amendment shall be transmitted to the people for their approval in a referendum to take place no later than the next General Election. If the amendment is approved by two-thirds of the voters, the amendment shall take effect.
Noi urent q'estadra så:
His Majesty's Government, represented by:
Ian Plätschisch (Seneschal)
Viteu Marcianüs (Distain)
WHEREAS Since that time, the Organic Law has continuously been amended, and
WHEREAS Twenty-years of amendments have resulted in an Organic Law that is cumbersome, contains ambiguities, inconsistencies, and difficult to understand, and
WHEREAS Many express dissatisfaction and a desire to fix the Organic Law, and
WHEREAS Many also treasure the institutions of the Organic Law, and
WHEREAS Decades of mistrust continue to inhibit the ability for many Talossans to overlook their differences, agree to compromise, and fix what is broken with the Organic Law, and
WHEREAS It is the intention of this proposed amendment to make the needed fixes without sparking ideological strife, and
WHEREAS The proper role of any government is the absolute protection of our individual rights and liberties against tyranny, and
WHEREAS That vision has guided the creation of this amendment
THEREFORE All of the text of the Organic Law is repealed and replaced with the provisions contained herein.
FURTHERMORE The unamended Organic Law shall govern Talossa for one year from adoption of the current law, with the purpose of providing the Ziu the ability to rewrite statutory law to adhere to the guidelines set forth in the amendment, to appoint Justices, and to prepare for full implementation, under the procedures of the unamended Organic Law, the one year mark shall begin upon ratification of this Amendment in accordance with the procedure outlined the current Article XV of the Organic Law, with the supermajority of Section 6 of that article required.
FURTHERMORE The current statutes related to the rotation of senatorial seats shall remain in effect, and the only modifications permitted, outside of the below proposed two-thirds majority, are those that change appropriate references to the amendment herein.
FURTHERMORE The role of the current King John shall remain in place, and that upon adoption of this amendment, he shall officially take on the title of Monarch as described in Chapter II.
FURTHERMORE The Ziu, Prime Minister, and King, acting under the guidelines set forth in the previous Organic Law, may issue a Writ of Implementation before the one-year mark described above, which shall require that the formation of an Electoral Commission in accordance with the incoming Organic Law, and that a snap election must be held in accordance with this amendment, with that amendment now the law of the land.
FURTHERMORE If, however, as the one year-date approaches, there remains more work, then the Ziu may ask the people in a simple referendum to be held by public ballot for an extension of no more than six months. At the expiration of which time, the amendment shall be deemed to be the official law of the land.
FURTHERMORE the first act of the First Clark of the First Ziu under the amendment shall be, in addition to those obligations described therein, to adopt all of the statutory laws previously changed by a simple majority and in one reading, regardless of what procedures that shall subsequently become necessary.
WHEREAS, the people of the Atatürk, the Sovereign Province of Benito, Cézembre, the Free Province of Fiôvâ, Florencia, Maricopa, Maritiimi-Maxhestic, the United Provinces of Vuode and Dandenburg, have agreed to unite in one indissoluble union under the Crown of the Kingdom of Talossa, and recognize the sole reason for the existence of the Kingdom of Talossa is to protect the rights enumerated in the Covenant of Rights and Freedoms, hereby establish this Organic Law for the purpose of protecting those rights:
Chapter I: General Points of State
Article 1. Name
The name of the State, in the national language, is El Regipäts Talossán. In English, the name of the State is the Kingdom of Talossa.
Article 2. Spirit of Talossa
The reality of the Kingdom of Talossa is lived out most positively through its historic spirit, of which all Talossan institutions are guardians and enhancers. The Kingdom of Talossa is a community of persons having fun by doing things which are reasonably similar to what other ("real") countries do, whether for reasons of tourist nostalgia, out of a lust for power, in pursuit of parody, or -- yes -- as nation-building.
Article 3. Definition of Legal Territory
The metropolitan territory of Talossa consists of all land on the Talossan Peninsula south of a line drawn from east to west through points lying equidistant from the north and south curbs of Edgewood Avenue, i.e. the former border between the City of Milwaukee and the Village of Shorewood. The territorial waters of the Kingdom extend half-way out into the Milwaukee River, south and west of the national territory. The territorial waters extend into the Talossan Sea (Lake Michigan), a distance of three kilometres eastward. The metropolitan territory also includes the island of Cézembre, off the coast of France. Talossan territory shall also include the Talossan overseas colony, Pengöpäts Antarctic Territory, and any lands or islands that are formed or that may appear in Talossa's territorial waters, in whole or in part, and extends into the atmosphere above the land and water territory. This territory is sacred and inviolable. It shall not be ceded, reduced or broken up. This territory is claimed, occupied and administered by right of history and shall never be abandoned.
Article 4. Capital
The Capital of the Kingdom of Talossa shall be known as Abbavilla.
Chapter II: The Crown
Article 1. The Role of the Sovereign
The Crown shall be occupied by one individual henceforth known as the Monarch, in which certain Royal Powers and duties as prescribed in this Organic Law shall be vested; the failure of the Crown to take an affirmative action within a reasonable amount of time must be understood as Royal Assent. The Monarch's primary role shall be of the guardian and defender of the existence of Talossa and of its Constitutional Order, and such other roles as specified in this Organic or other Law. The Monarch shall not vote in elections for the Ziu and shall not be a member of any political party, nor shall they support any political party's or individual's political activity.
Article 2. Succession
Section 1.
The Monarch must at all times be a citizen of the Kingdom of Talossa as defined by law, and upon renunciation or loss of citizenship shall be deemed to have abdicated the Crown. Should the Monarch at any time renounce or lose their citizenship, that renunciation or loss shall be deemed to imply their abdication of the Throne. Upon the demise, abdication, or removal from the Throne of any Monarch, the Crown shall pass to their next heir; but if the Monarch has no heir, the Crown shall pass to the next heir of the previous Monarch, or (if they in turn has no heir) to the next heir of the next previous Monarch before him, and so on. For the purpose of determining who is the Monarch's next heir, each person shall be followed in the line of succession by their natural legitimate children (whether born or unborn at the time of the Monarch's death) in order of their birth (each followed by their own descendants).
Section 2.
If the Crown should pass to any person who does not wish at that juncture to become Monarch, who cannot legally be Monarch, who is suspended from the line of succession, who is not a citizen of Talossa, or who has previously been Monarch and has abdicated the Throne, it shall instead pass to the next person after them in the line of succession.
Section 3.
The Ziu may, by legislation passed by two thirds of each House, not subject to veto, suspend any person from their place in the line of succession, and may, by a resolution of a majority of either House, not subject to veto, remove such a suspension and restore the suspended person to their place.
Article 3. Deposition
In the event that the Monarch is determined by a medical authority to be incapable of executing their duties, or if they are otherwise deprived of their natural liberty due to crimes committed in another sovereign State, or if they are convicted of high crimes to be determined by the Ziu by a two-thirds vote of both houses and immediately certified by a two-thirds vote in a referendum, the Monarch shall be deemed to have abdicated the Crown.
Article 4. Delegation
Section 1.
From time to time, a Regent (or a Council of Regency, which is considered equivalent to a Regent) may be appointed, who shall administer the government in the name of the Monarch and exercise all powers Organically or legally vested in the Monarch, except the power to appoint or replace a Regent. No person not a citizen of Talossa shall be competent to serve as Regent or member of a Council of Regency.
Section 2.
Part 1. If the Crown is inherited by an individual in their infancy, to be defined by the law, the Ziu may appoint a Royal Representative by a two-thirds vote of both houses, who shall perform the duties of the Monarch until such time as the Monarch achieves the age of majority. The Royal Representative must otherwise meet all citizenship requirements and any other requirements set forth by the Ziu of the Kingdom of Talossa and may be replaced by the Ziu by a two-thirds vote of both houses.
Part 2. The Monarch may, prior to abdication or death, and in anticipation of an infant sovereign, appoint a Royal Representative, which may not be overturned absent two-thirds of both houses of the Ziu, except if the abdication is the result of a cause set forth in Article 3 of this chapter, upon which the Monarch’s appointee must be ratified according to the preceding part of this section.
Chapter III: The Government
Article 1. The Ziu
Section 1.
The National Parliament of the Kingdom of Talossa shall be known as the Ziu and composed of two equal houses known as the Senäts and the Cosa.
Section 2.
The Ziu shall have power to make laws for the peace, welfare, and good government of the Kingdom of Talossa with respect to the repeal and amendment, subject to this Organic Law, of federal legislation made prior to this Organic Law coming into effect; census and statistics; weights and measures; currency, coinage, and legal tender; appropriation, and outlays of the public revenue and moneys of the Kingdom, but so as not to discriminate between Provinces or Territories or parts thereof; copyrights, patents, and trademarks; postal, telegraphic, telephonic, radio, television, internet, and other like services; the defense of Talossa, and parts thereof; the control of the forces to execute and maintain the laws of Talossa; commerce within and without the territory of Talossa; corporations formed under the laws of Talossa; immigration and emigration, naturalization and aliens; treason and sedition; symbols, flags, heraldry, anthems, cultural events and other like things in Talossa, but not of the individual Provinces; disputes and relations between provinces; and the creation of new provinces, such that the sovereignty and territory of any extant Province is not altered without the consent of that Province.
Section 3.
All powers not enumerated in this Organic Law shall be delegated to the authority of the Provinces. The Ziu shall not pass any statute that contravenes the Organic Law or the Covenant of Rights and Freedoms, or breaches the autonomy reserved for the Provinces.
Section 4.
Part 1. The Ziu shall sit for no more than seven Clarks. Each Clark shall last from the first day to the twenty-first day of a month. Unless otherwise specified in this Organic Law, Clarks shall take place in consecutive months and consist of introduction, passage, and certification of legislation.
Part 2. In any month that would otherwise contain a Clark other than the first or final Clark, the Seneschal may call for a Prorogation, where no Clark shall be published. A Prorogation shall reduce by one the number of Clarks until the next general election.
Part 3. Upon completion of the final Clark, the Secretary of State shall promulgate the writ of dissolution, and in so doing, all individuals shall relinquish their seats in the Cosa. Ministers may continue to perform their function until such time as a new government is established.
Part 4. In the event that a Seneschal fails a vote of confidence, the immediate subsequent Clark shall be deemed the final Clark
Section 5.
All citizens of the Kingdom of Talossa, having reached the age of majority, shall be eligible to sit in the Ziu, provided they do not hold the title of Secretary of State, Monarch, or Royal Representative. No individual may simultaneously sit in the Senäts and in the Cosa, and no Judge or Justice in any national court of Talossa shall sit in the Senäts.
Section 6.
Any Senator or Member of the Cosa shall be removed from the Ziu if they fail to vote on two consecutive Clarks in the same session. The seats relinquished by a removed MC may be reallocated by the party that has an interest in those seats.
Article 2. Matters Unique to the Senäts
Section 1.
The Senäts shall be composed of one Senator from each province.
Section 2.
The provinces shall retain the authority to elect a Senator as they see fit. A senator must be a citizen of the province in which they are a Senator. Elections to seats in the Senäts shall be staggered into thirds based on a fixed rotation to be set by law. Any changes to the rotation shall require a two-thirds vote of the Senäts, with a simple majority of the Cosa with Royal Assent.
Section 3.
Provinces may set out procedures for the appointment or election of a Senator to fill a vacancy caused by the resignation of a Senator or the removal of a Senator in accordance with Section 5 of this Article.
Section 4.
The Senäts shall enjoy the right to set forth its parliamentary procedure, which shall be inherited from preceding session of the Senäts. The Senäts shall enjoy the right to govern itself as it deems necessary and proper.
Section 5.
Part 1. The Senäts shall retain authority to determine conduct that it deems repugnant warranting removal of a sitting member. All repugnant conduct shall be inherited from the preceding session of the Senäts but may be modified effective upon adoption by a majority of the Senäts. However, no modification of conduct shall come into force against a sitting Senator until such time as they have sat for reelection.
Part 2. A Senator shall be deemed expelled if, after that Senator has been made to answer for the charges levied through an internal trial for which the Senäts shall set forth procedure, a call for expulsion is supported by a simple majority of the body, notwithstanding the charged Senator’s vote.
Part 3. Upon a Senator being deemed expelled, within one month, the Secretary of State shall submit a referendum to the Senator’s constituency, following the same duration and procedures as a national election, as to whether the Senator shall be removed, which shall require an affirmative vote of a simple majority. If the expulsion occurs in the final Clark, the referendum shall correspond with the national election. The result of the referendum shall determine whether the Senator is removed from the Senäts. In the event an expelled Senator survives removal, they shall resume their right to fully participate in all Senäts proceedings and may not be subject to expulsion based on the same transaction or occurrence.
Article 3. Matters Unique to the Cosa
Section 1.
The Cosa shall consist of no less than double the seats of the Senäts. The Ziu shall retain the power to increase or decrease the number of seats as necessary by passage of legislation, which shall require an affirmative vote of no less than two-thirds of the Cosa, with a simple majority of the Senäts and Royal Assent.
Section 2.
The Cosa shall be elected by universal ballot cast for a specific political party, and seats shall be awarded according to proportional representation. Upon the certification of election results, the Secretary of State shall make public the final tally of votes for each political party.
Section 3.
The Cosa shall enjoy the right to set forth its parliamentary procedure, which shall be inherited from preceding Cosa. The Cosa shall enjoy the right to govern itself as it deems necessary and proper.
Section 4.
Part 1. The Cosa shall retain authority to determine conduct that it deems repugnant warranting removal of a sitting member. All repugnant conduct shall be inherited from the preceding Cosa, but may be modified only in the First Clark, and may be modified by a three-fifths majority of the Cosa.
Part 2. Pursuant to procedures set forth by the Cosa, any member may charge another member with repugnant conduct, and upon a petition signed by two-fifths of the Cosa being presented, the sitting member is deemed under investigation. No member shall be investigated due to repugnant conduct that went into effect after the action was committed.
Part 3. When a member is under investigation, an internal trial shall be held according to a procedure established under the rules and procedure of the Cosa. At the conclusion of that trial, upon an affirmative vote of three-quarters of the sitting members, the member under investigation is deemed removed, with the seats to be reallocated by the Party who has an interest in those seats.
Part 4. A Party may, upon a petition signed by two-fifths of the Cosa being presented, recall one of its members and reallocate their seats according to its own procedures.
Part 5. An individual removed in accordance part 3 of this section shall be precluded from being allocated seats by any Party in the Cosa until such time as two national elections have occurred
Part 6. (a) An individual may be removed during the final Clark; (b) no individual may be subject to a charge during the First Clark; and (c) an individual who is expelled but survives removal may not be forced to answer for conduct resulting from the same transaction or occurrence.
Article 4. The Seneschal
Section 1.
The Seneschal (Prime Minister) shall be known as the Head of Government for the Kingdom of Talossa and shall be chosen based on the provisions set forth herein. The Seneschal may appoint a Distain (Deputy Prime Minister).
Section 2.
Any citizen of Talossa shall be eligible to be Seneschal except for those who hold the title Monarch or Royal Representative, or Justice.
Section 3.
The Seneschal may enter treaties and declare war with the approval of the Ziu. The Seneschal may also issue Prime Dictates that have the effect of statute, but the Ziu may, by legislation, nullify a prime dictate.
Section 4.
Part 1. The Seneschal may recommend the appointment of various Ministers to the cabinet. The authority of these Ministers shall be set by law. All Ministers are subordinate to the Seneschal and must adhere to guidance set forth by that office.
Part 2. The Seneschal may petition the Monarch to remove a Minister, who shall have discretion as to whether to grant the Seneschal’s request. In the event the Monarch refuses such a request, the Seneschal may ask the Cosa to hold an immediate vote of confidence related specifically to that Minister. Should the Minister fail the vote of confidence, the Minister is considered removed.
Part 3. Upon the death, resignation, or disability of the Seneschal, the Distain shall become the Seneschal. Upon a Prime Dictate by the Seneschal with assent of the Monarch, a duly appointed Distain shall be Acting Seneschal, until such time as the Seneschal rescinds that Prime Dictate. Rescission does not require Royal Assent.
Article 5. General Elections
Section 1.
Part 1. (a) The Ziu shall set by law the registration requirements of a group seeking recognition of as a political party, and may require political parties to disclose to whom the party will assign seats in the Cosa, or require that parties pay a small fee in order to register, provided that such a fee is uniform for all parties; and (b) the Secretary of State may promulgate regulations regarding party registration, provided such regulation does not contravene an act of the Ziu or this Organic Law.
Part 2. (a) The Ziu shall set by law the procedure for the administration of national elections; (b) the Ziu may delegate the responsibilities of conducting an election to the Secretary of State or any ministry it deems necessary; and (c) all rules and procedures must be promulgated three months prior to the national election.
Part 3. (a) The Ziu may permit a province to delegate the authority to conduct its Senatorial election to the individual or entity established to conduct national elections; (b) such a delegation of power accepts as governing any and all law or regulation with respect to the Senatorial election, including those protected rights listed in part 4 of this section; (c) a province reserves the right to revoke this delegation; and (d) the Ziu may require by law that Senators-elect pay a small fee before being seated in the Senäts, provided that such a fee is uniform for all Senators-elect.
Part 4. (a) No citizens, having achieved the age of majority, shall be disenfranchised through the use of taxes or tests or other undue burdens; (b) all voters shall use a private ballot; (c) the Ziu shall enforce this protection by appropriate legislation as is necessary and proper.
Part 5. Each General Election shall be conducted from the fifteenth day of the month proceeding the final Clark of the preceding Cosa to the first day of the following month.
Part 6. The Ziu may prepare referenda and submit these to popular vote of the people as it sees fit. Referenda questions appear on the ballot during the next general election, or sooner, if the Seneschal so chooses to authorize. All procedures set forth in this section, except Part 5, shall apply to any referenda set or national poll held separately from a general election.
Section 2.
Part 1. All national elections must be certified in accordance with law set by the Ziu. In the event the Ziu fails to proscribe law, the Monarch may set up a temporary procedure for certification.
Part 2. Certification must include an apportionment of seats for the Cosa, a declared winner in a Senatorial race, the results of any referendum voted upon, or any other matters for which citizens voted that relates to the national government.
Section 3.
Part 1. Upon certification of the general election, and apportionment of seats, until the day before the first Clark of the upcoming Cosa, which shall begin on the first day of the month following the last day of the Election, any Party may announce to the Secretary of State their intent to form a government. Such a statement of intent shall include a candidate for Seneschal, a candidate for Distain and a list of ministers.
Part 2. If the Secretary of State does not receive a statement of intent from any party, the Secretary of State shall postpone the first Clark by one month, and the maximum number of Clarks in the upcoming session of the Ziu, as defined elsewhere in this Organic Law, shall be reduced by one. If the Secretary of State still does not receive a statement of intent from any party, the Secretary of State must promulgate a Writ of Dissolution and a new election must be held.
Part 3. During the First Clark, the Cosa shall select between the various candidates for Seneschal using Instant Runoff Voting, with one option being the election of no Seneschal. The Monarch shall appoint the Seneschal elected by the Cosa, who shall take the office from the previous Seneschal.
Part 4. Each Minister must receive a simple majority vote of the Cosa. A Minister shall hold office until a new Minister is appointed to that portfolio, provided the Minister does not leave office in some other manner.
Part 5. In the event that the Cosa does not elect a Seneschal, a new ballot shall be held during the second Clark; the parties shall be empowered to amend or rescind any statement of intent that they had previously submitted, until the day before the second Clark. If again the Cosa does not elect a Seneschal, the Secretary of State must promulgate a Writ of Dissolution and a new election must be held.
Part 6. The Seneschal shall immediately seek Royal Assent for each Minister, excluding the Seneschal. If the Crown is silent for a period of two weeks, assent shall be deemed automatic, and if Royal Assent is withheld for a specific Minister, the Cosa may reconfirm the Minister by a simple majority.
Chapter IV: The Judiciary
Article 1. Composition of the Judiciary
Section 1.
The judicial power of the Kingdom of Talossa shall be vested in one Cort pü Inalt, in English the Uppermost Cort, and in such inferior courts as the Ziu may from time to time ordain and establish.
Section 2.
A Justice of the Uppermost Cort shall be appointed to sit for a single term, which shall be measured in intervals of five years, but may be extended to no more than ten years by the Ziu, provided it is equally applied to all members.
Section 3.
Part 1. During the second to last Clark before a Justice's term ends, if no action is taken, then the Justice is reconfirmed by law.
Part 2. The Seneschál or another member may move by acclamation to reappoint a justice. If no objection is made in two weels, the motion is adopted. If acclamation fails. then the Ziu shall vote, and if the nominee gets a 2/3 majority in both Houses of the Ziu, they are confirmed.
Part 3. If the vote fails, then the Seneschál may choose to nominate the Justice once more, who shall oy require a simple majority in both Houses.
Part 4. A Justice shall hold that seat until such time as they resign, are removed, or are no longer able to perform their duties on account of incapacitation, as defined by law.
Section 4.
The Uppermost Cort shall consist of no less than two Pusine Justices and one Chief Justice, which may be extended to no more than eight Pusine Justices as the Ziu may desire, provided the enacting legislation has the support of two-thirds of both houses of the Ziu, but such an increase shall not result in an even number of Justices.
Section 5.
In the event the Uppermost Cort consists of two Justices, and those Justices are in agreement, the Court’s decision shall stand, but that decision shall not establish precedent until a quorum of three issues a determination.
Section 6.
The Ziu shall retain authority to set such limits it deems necessary on Judges of the inferior corts.
Article 2. Powers of the Judiciary
Section 1.
The judicial power shall extend to all cases, in law and equity, arising under this Organic Law, the treaties made, or which shall be made, under their authority, to cases affecting ambassadors, or other public ministers and consuls; to all cases of admiralty and maritime jurisdiction, to controversies to which the Kingdom of Talossa shall be a party; to controversies between two or more provinces; between private citizens; between private citizens and a province. The judiciary shall not hear matters for which no case or controversy exists.
Section 2.
In all cases affecting the Kingdom of Talossa, the Uppermost Cort shall have original jurisdiction, and in all cases previously mentioned, the Uppermost Cort shall have appellate jurisdiction, both as to law and fact, when the Ziu has set forth inferior courts, with such exceptions and under such regulations for those matters concerning administrative law as the Ziu shall make, which may be limited to appellate jurisdiction as to matters of law.
Article 3. Qualification and Removal from the Uppermost Cort
Section 1.
Nothing in this article shall be understood to contravene the Covenant of the Rights of Freedoms.
Section 2.
The Ziu shall set forth by law those qualifications it deems requisite prior to the nomination of a Justice to the Uppermost Cort.
Section 3.
The Ziu may limit by law those other offices in which a Justice may sit, and may limit those rights a Justice may enjoy, upon confirmation, which shall extend for the full duration of that Justice's tenure, including reconfirmation, unless the Ziu shall explicitly pass an Act removing such restraint when such removal applies equally to all sitting Justices. No limitation may be imposed ex post facto, but the Ziu may impose restraints upon reconfirmation.
Section 4.
Where a vacancy exists, the Prime Minister shall recommend to the Ziu a potential candidate, provided that such a confirmation may twice occur within the same Government.
Section 5.
Upon a recommendation, the respective houses of the Ziu must, based on their own procedure, advise and consent the Prime Minister, which must be concluded with two-thirds approval from the Cosa and a majority of the Senäts.
Section 6.
Upon receiving said advice and consent, the Sovereign shall issue his or her assent to the prospective individual. If the Sovereign withholds that assent, the process may be repeated once more within the same government, and a simple majority from both houses may overcome the Sovereign’s refusal.
Section 7.
The Ziu may set forth any procedure for reconfirmation, but such procedure may not exceed that which is required for nomination and confirmation in the first instance. Notwithstanding any act to the contrary, reconfirmation shall be deemed automatic at the end of a Justice's tenure by operation of law.
Section 8.
In the event that a sitting Justice of the Uppermost Cort acts in an manner that offends basic notions of propriety or perpetuates the appearance of impropriety, both in his or her official capacity or in the public square, any member of the Ziu may move for an Notice of Reprimand, which shall set forth an individual charge, unless that charge arises out of a series of transactions or occurrences, and the punishment that shall be imposed upon adopting of that motion. The Ziu shall permit any recourse up to but not exceeding removal from office, but shall not impose criminal liability, which may be sought in a Cort of Law. No Notice of Reprimand shall be considered presumptive guilt for criminal liability by a Cort of Law.
Section 9.
All punishment, including removal, shall require that the motion for reprimand to not extend more than one Clark, with the following Clark to contain a simple up-or-down vote on whether to adopt said motion, by two-thirds of the Cosa and a simple majority of the Senate. The Sovereign shall give his or her assent to the result. In the event the Sovereign affirmatively withholds assent, a second vote shall be had immediately thereafter, where, upon achieving the requisite result, the motion is deemed adopted.
Section 10.
Where the Ziu certifies by a simple majority that a justice has failed to act, rule, or appear in an open case to which the Justice is assigned to, or in which he has been subpoenaed to appear but fails to do so, for a period of 60 days, then he shall be considered to have abdicated his or her seat.
Chapter V: Source of Law
Article 1. Hierarchy of Law
Section 1.
The Covenant of Rights and Freedoms is the absolute authority and source from which all aspects of the Kingdom of Talossa derive their authority. This Organic Law and all other laws in the Kingdom of Talossa are passed under the authority of the Covenant of Rights and Freedoms.
Section 2.
This Organic Law is the Supreme Law governing the Kingdom of Talossa, and shall be the Supreme law of the land, subordinate only to the Covenant of Rights and Freedoms. This Organic Law exists to effectuate the protection of rights enumerated by the Covenant of Rights and Freedoms and must adhere to amendments to the latter.
Section 3.
Part 1. The Ziu, having been vested with the authority to pass legislation in accordance with the Organic Law and Covenant of Rights and Freedoms, shall have its law deemed superior to all others except those of the Organic Law and Covenant of Rights and Freedoms. Treaties having been ratified by the Ziu, as well as accepted International Law, shall enjoy the authority of statutory law.
Part 2. The Corts shall retain the power of Judicial Review as it relates to ensuring the acts of the Ziu do not contravene the Organic Law or Covenant of Rights and Freedoms, so long as the review is the result of an actual case or controversy.
Section 4.
Part 1. The Judiciary shall retain the authority to recognize the Common Law of Talossa, composed of Judicial interpretations of the Statutory Law of Talossa as well as the Common Law of other Anglo-American legal systems as the Judiciary shall see fit, so long as it does not contradict Talossan law, separate from its powers of judicial review. Such common law may be retained until such time as the Ziu passes legislation overturning, codifying or clarifying the law.
Part 2. The Rule of Law, being understood to mean an independent judiciary to ensure that all individuals and the State are subject to and treated equally under the law, shall be enforced in Talossa.
Article 2. Passing Legislation
Section 1.
The Ziu possess the sole authority to pass statutory law, as described elsewhere in this Organic Law. The Ziu is prohibited from passing ex post facto laws and Bills of Attainder.
Section 2.
The Ziu shall set forth the procedure for the introduction of legislation and the publication of a monthly journal of proposed acts and shall retain authority to set forth other rules necessary to ensure proposed legislation is proper.
Section 3.
All members of the Ziu may vote për (aye), contra (nay), or austanéu (abstain) for any measure before it. Additionally, all Senators must, during every Clark, respond to a roll call, and all Members of the Cosa must, during legislative Clarks, make their presence known by voting Üc (Yes) or Non (No) during a Vote of Confidence.
Section 4.
Part 1. Except where otherwise specified in this Organic Law, proposed legislation must pass the Ziu by a simple majority vote of each house in each of two readings in order to become law. Each reading shall take place during a Clark, and the Second Reading shall take place during the Clark immediately following the First Reading. No First Reading shall take place during the final Clark.
Part 2. The author of a bill may withdraw a bill prior to a Second Reading at any time but must resubmit that bill for a First Reading. Between the First and Second Readings, the author may fix typographical or grammatical mistakes but may not make any other amendments or material modifications.
Part 3. Ephemeral proclamations shall not require a Second Reading.
Section 5.
Part 1. (a) Royal Assent shall be sought for any bill that passes the Second Reading and deemed automatic unless the Monarch takes an affirmative action to issue a Royal Veto within ten days of passage; (b) laws are considered to be in effect the moment Royal Assent has been given, or the moment that a Royal Veto is overcome, unless the act sets forth an explicit later date upon which enforcement shall occur.
Part 2. (a) The Monarch may issue a Royal Veto after the First or Second Reading of a Bill; (b) a Royal Veto must include a statement by the Monarch, describing with specificity, why a Royal Veto was issued; (c) such a statement must be presented with the Bill if any member of the Ziu seeks to overturn a veto.
Part 3. (a) The Ziu may overcome a Royal Veto with a two-thirds majority of the Cosa and a majority of the Senäts in the subsequent Clark, known as the Third Reading. If the Third Reading takes place in the subsequent session of the Cosa, the Ziu may overcome the Royal Veto with only a simple majority; (b) if the Ziu fails to overcome a Royal Veto in a Third Reading that takes place in the same session as the previous readings, the Ziu may overcome the Royal Veto in a single reading requiring a simple majority vote during the subsequent session of the Ziu; (c) a Third Reading shall not contain any changes.
Section 6.
The Ziu shall arrange for the publication of law in national journals readily available to the People. If the Ziu fails to do so, the Monarch shall have authority to oversee this responsibility until such time as the Ziu remedies its defect.
Chapter VI: Territorial Subdivisions
Article 1. Provinces of Talossa
Section 1.
Part 1. All Talossan citizens living in Talossa shall belong to the Province in which they live, even when provincial borders change, and the citizen’s home reassigned to a different province.
Part 2. Citizens living outside of Talossa are assigned to a Province by the Ziu at the time of their naturalization by the Ziu, in accordance with the laws in place, however, no person shall have their assignment to a Province altered without their express consent, even if the Ziu shall see fit to redraw the geographic assignment boundaries.
Section 2.
Each Province shall be administered by a constitutional government elected democratically within the province and shall govern itself in such a manner as to guarantee its citizens the full protection of their rights under this Organic Law and Covenants of Rights and Freedoms. The Monarch shall appoint a Constable for each Province. Until such time as the Monarch or Constable proclaims a provincial constitution providing otherwise, a Province’s Constable shall serve as Military Governor and may exercise all the powers of the provincial government. No Constable shall proclaim any provincial constitution, nor shall any province pass a constitutional amendment, which conflicts with any provision of this Organic Law or with any other national law. No Constable shall proclaim any provincial constitution which has not been approved by a referendum in which at least either a majority of all citizens of the province or a two-thirds majority of votes actually cast is in favor of the constitution.
Section 3.
Provinces are self-governing and autonomous. The autonomy of the Provinces shall never be questioned. No act of the Ziu or the national Corts, or of any Ministry, shall contravene those powers reserved for the Provinces, unless such conduct breaches the Organic Law or the Covenant of Rights and Freedoms. No Province may secede.
Section 4.
Provincial borders may only be changed by the Ziu with the consent of the Province or Provinces in question.
Section 5.
No new province shall be constituted after the adoption of this Organic Law unless said proposed province shall contain within it a working constitution with an elected government and a citizenry comprising at least ten persons.
Article 2. Territories of Talossa
Territories are non-self-governing parts of the realm and are under direct authority of the Ziu.
Chapter VII: Citizenship
Article 1. Source of Citizenship
Section 1.
Children born after 1 January 1989/X, one (or both) of whose biological or adoptive parents is a Talossan citizen at the time of the birth, are native-born Talossan citizens ("Dandelions") and shall automatically have full voting rights when they register themselves with the appropriate authority on or after their 14th birthday.
Section 2.
Any foreigner or Cestoûr who feels in their heart of being Talossan may acquire Talossan citizenship by following the naturalization procedures set forth by law.
Section 3.
Talossan citizens may live within the country or abroad. This distinction does not affect their legal standing or their civil or political rights. There shall be no rights unique to citizenship acquired by birth-right nor by naturalization.
Article 2. Loss of Citizenship
Section 1.
Any Talossan may renounce their own citizenship, which shall be effective based on the procedure to be set by the Ziu.
Section 2.
Any Talossan who has been found to have obtained citizenship through the use of Fraud shall face criminal penalty as set forth by the Ziu, which shall be prosecuted by the Government of the Kingdom of Talossa in a Cort of Law, and upon a verdict of guilt, shall automatically be deemed to have lost their citizenship.
Section 3.
Any Talossan who is convicted certain crimes that are so egregious as to shock the conscience by courts of certain foreign jurisdictions, shall be deemed to have relinquished their citizenship in the Kingdom of Talossa pursuant to procedures set forth by the Ziu.
Section 4.
The Ziu shall have the authority to determine the citizenship status for any citizen who, without prior notification of good cause, fails to vote in any General Election or referenda or respond to any census for two years, as measured against their last vote or response, provided they have not otherwise made their presence known.
Chapter VIII: Amendments to this Organic Law
Article 1. Amendments Initiated by the Ziu
Section 1.
Any member of the Ziu may propose an amendment to the Organic Law, which shall require a two-thirds vote of the Cosa and a majority of the Senäts according to the rules set forth for passing legislation.
Section 2.
Part 1. Royal Assent, being required for an amendment to this Organic Law, shall be deemed automatic unless the Monarch takes an affirmative action to issue a Royal Veto within ten days of passage
Part 2. (a) The Monarch may issue a Royal Veto after the Second Reading of an amendment; (b) a Royal Veto must include a statement by the Monarch, describing with specificity, why a Royal Veto was issued; (c) such a statement must be presented with the amendment if any member of the Ziu seeks to overturn a veto.
Part 3. (a) The Ziu may overcome a Royal Veto with a three-fourths majority of the Cosa and an absolute majority of the Senäts in the subsequent Clark, known as the Third Reading. If the Third Reading takes place in the subsequent session of the Cosa, the Ziu may overcome the Royal Veto with only a two-thirds majority of the Cosa and a majority of the Senäts; (c) If the Ziu fails to overcome a Royal Veto in a Third Reading that takes place in the same session as the previous two readings, the Ziu may overcome the Royal Veto in a single reading requiring a two-thirds majority vote of the Cosa and a majority of the Senäts during the subsequent session of the Ziu.
Section 3.
Once an amendment has been approved by the Ziu and has either been given Royal Assent or overcame a Royal Veto, the amendment shall be transmitted to the people for their approval in a referendum to take place no later than the next General Election. If the amendment is approved by a majority of voters, the amendment shall take effect.
Article 2. Organic Convocation
Section 1.
If a three-fourths of the Provinces pass a resolution for an Organic Convocation, then such a Convocation shall be commenced within two months, composed of a representative selected by and from each province for the purpose of the Convocation. An Organic Convocation may recommend an amendment to the Organic Law by majority vote.
Section 2.
The authority of the Organic Convocation to address the concerns expressed by the Provinces shall be limited by the resolutions set forth by the Provinces and shall never exceed that authority.
Section 3.
Royal Assent shall be required for amendments passed by Organic Convocation and is deemed automatic if not withheld within ten days of recommendation by an Organic Convocation. In the event such Royal Assent is withheld, the Monarch shall issue a statement explaining with specificity the reason for withholding Assent, and the amendment and explanation shall be submitted to the Ziu for approval. If both houses of the Ziu approve the amendment by a two-thirds majority on the First Reading, the amendment is deemed to have received Royal Assent. If the Ziu approves the amendment by a simple majority on the First Reading, then it must pass by a simple majority on the Second Reading and will then be considered to have received Royal Assent.
Section 4.
Once an amendment recommended by an Organic receives Royal Assent, the amendment shall be transmitted to the people for their approval in a referendum to take place no later than the next General Election. If the amendment is approved by two-thirds of the voters, the amendment shall take effect.
Noi urent q'estadra så:
His Majesty's Government, represented by:
Ian Plätschisch (Seneschal)
Viteu Marcianüs (Distain)
