Still Into This Amendment

[Ian Plätschisch]

WHEREAS I should be over all the butterflies but I'm into this, I'm into this, and

WHEREAS Even on the worst nights I'm into this, I'm into this, and

WHEREAS Let 'em wonder how we got this far, 'cause I don't really need to wonder at all, and

WHEREAS Yeah, after all this time I'm still into this amendment

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WHEREAS Despite a noble effort by the Government of the 52nd Cosa, Organic Law reform did not pass, and

WHEREAS One reason for that might be that the proposed reform strayed from the original goal of making no changes to the substance of the Organic Law, and

WHEREAS Another reason is that detractors claimed no one could create a comprehensive list of all the changes that were made, and

WHEREAS A proposal that addresses both of these concerns was created almost two years ago, and 

WHEREAS It is now worth giving that proposal a second look, because the Organic Law is still a mess and needs to fixed, and

WHEREAS This proposal is already finished, unlike other similar proposals, so we don't have to spend even more time on this process than we already have


THEREFORE One year from the passage of this Amendment, or sooner should the Ziu so authorize, to allow time for the statutes of the Kingdom of Talossa to be updated in accordance with this Amendment, the entire text of the Organic Law shall be amended to the text contained herein.

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Preamble

WE, JOHN I, by the grace of God, King of Talossa, etc., etc., etc., conscious of the role conferred upon Talossa by history, ever mindful of our inexplicable and inextricable connection somehow to Berbers, moved by the tenacity of the Talossan people throughout the many trials of the past twenty years, with renewed patriotism and the resolute will to craft a state based on justice, law, and freedom, for the peace, order, and good government of all Talossans, aware of the need for a new governing document that may serve Talossa for decades to come; and owing a debt of gratitude to Matthias Muth, John Eiffler, Evan Gallagher, Sean Hert, John Jahn, Dan Lorentz, Geoff Toumayan, Marc-André Dowd, Nathan Freeburg, and Ken Oplinger, who developed the founding principles of modern Talossan governance, and to Viteu Marcianüs, Ian Plätschisch, Gödafrïeu Válcadác’h, Dame Miestrâ Schivâ, Txoteu Davinescu, Sir Cresti Matawois Siervicül, and Eovart Grischun, who ensured the preparation of this document; do ordain and establish, by and through the consent of the Talossan People, as the supreme law of our Realm, this 2017 Organic Law

Article I: Points of State

Section 1
The reality of the Kingdom of Talossa is lived out most positively through its historic spirit, of which all Talossan institutions are guardians and enhancers. The Kingdom of Talossa is a community of persons having fun by doing things which are reasonably similar to what other ("real") countries do, whether for reasons of tourist nostalgia, out of a lust for power, in pursuit of parody, or -- yes -- as nation-building.

Section 2
The name of the State, in the national language, is El Regipäts Talossán. In English, the name of the State is The Kingdom of Talossa.

Section 3
The metropolitan territory of Talossa consists of all land on the Talossan Peninsula south of a line drawn from east to west through points lying equidistant from the north and south curbs of Edgewood Avenue, i.e. the former border between the City of Milwaukee and the Village of Shorewood. The territorial waters of the Kingdom extend half-way out into the Milwaukee River, south and west of the national territory. The territorial waters extend into the Talossan Sea (Lake Michigan), a distance of three kilometres eastward. The metropolitan territory also includes the island of Cézembre, off the coast of France. 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.

Section 4
The capital of the Kingdom is Abbavilla.

Section 5
The sole historic language of the entire Talossan people is the Talossan language (el glheþ Talossán). The Talossan language and Talossan English shall be the official languages of the Kingdom.

Section 6
The National Flag of Talossa is the green and red horizontal bicolour, as adopted on 2 March 1981.

Section 7
The National Motto of Talossa is "Miehen Huone on Hänen Valtakuntansa," translated "A Man's Room is his Kingdom."

Article II: The King

Section 1
The Kingdom of Talossa is a constitutional, hereditary Monarchy with a King (or, if female, Queen) as its head of State.

Section 2
The King is the symbolic head of the nation. The nation democratically grants the King certain Royal Powers and duties as described in this Organic Law and in statute law. The Ziu may establish procedures for when the King fails to perform a duty. 

Section 3
Should the King at any time renounce or lose his citizenship, that renunciation or loss shall be deemed to imply his abdication of the Throne. Upon the demise, abdication, or removal from the Throne of any King, the Crown shall pass to his next heir; but if the King has no heir, the Crown shall pass to the next heir of the previous King, or (if he in turn has no heir) to the next heir of the next previous King before him, and so on. For the purpose of determining who is the King's next heir, each person shall be followed in the line of succession by his natural legitimate children (whether born or unborn at the time of the King's death) in order of their birth (each followed by their own descendants).

Section 4
If the Crown should pass to any person who does not wish at that juncture to become King, who cannot legally be King, who is suspended from the line of succession, who is not a citizen of Talossa, or who has previously been King and has abdicated the Throne, it shall instead pass to the next person after him in the line of succession.

Section 5
The Ziu may, by a resolution of two thirds of each House, not subject to veto, suspend any person from his place in the line of succession, and may, by a resolution of a majority of either House, not subject to veto, remove such a suspension and restore the suspended person to his place.

Section 6
In dire circumstances, when the King is judged by competent medical authority to be incapable of executing his duties, or if he is convicted by the Talossan Uppermost Cort of violation of this Organic Law, treason, bribery, nonfeasance endangering the safety, order or good government of the Kingdom, or other high crimes, the nation may remove the King from the Throne. The Cosa shall pronounce by a two-thirds vote, with the approval of the Senäts, that the King is to be deposed, and this pronouncement shall immediately be transmitted to the people for their verdict in a referendum. If a two-thirds majority of the people concur, the King is considered deposed and the succession occurs according to Section 3, above.

Section 7
From time to time, a Regent (or a Council of Regency, which is considered equivalent to a Regent) may be appointed, who shall administer the government in the name of the King, and exercise all powers Organically or legally vested in the King, except the power to appoint or replace a Regent. A King who has not attained the age of eighteen years, which age is declared to be the legal majority of the Sovereign, may exercise his royal powers only through a Regent. No person not a citizen of Talossa shall be competent to serve as Regent or member of a Council of Regency.

Section 8
The King may, at whim, appoint, replace, or remove a Regent, and may, by his last Will and Testament, appoint a Regent to serve during the minority of his successor. During the minority of the King, the Ziu may by law appoint a Regent. The Ziu may by law remove or replace any appointed Regent, and if the Ziu remove a Regent appointed by the King at whim, the King may not reappoint the same person Regent without the prior consent of the Ziu.

Section 9
During the minority of the King, if the Regency for any reason be vacant, the Uppermost Cort shall be a Council of Regency.

Section 10
If on the death or abdication of the King there be no person entitled to succeed to the Throne, the Uppermost Cort shall be a Council of Regency pending the election of a new King, and the Ziu may, by a vote of two-thirds in each House, elect a King, who shall succeed to the Throne immediately upon ratification of his election by a majority of the people in a referendum to be held for that sole purpose.

Section 11
The King may grant titles of nobility and confer awards and decorations.

Article III: The Senäts

Section 1
The Senäts, or in English the Senate, is the national legislative council and the upper house of the Ziu, and shall be composed of one Senator elected from each province. It may administer itself as it sees fit.

Section 2
Except as otherwise provided in this Organic Law, any Talossan who may vote may only be elected or appointed to the Senäts for his or her own province. No Senator, even though elected or appointed to the Senäts, may actually vote his seat until he has been a citizen for one year, or served for six months as Secretary of State or Prime Minister, or received an order of knighthood from the King. No person may simultaneously hold more than one seat in the Senäts.

Section 3
Neither a reigning King, nor his Consort, nor a Regent during his regency shall under any circumstances be eligible to be elected or appointed to a place in the Senäts.

Section 4
The Senäts shall have equal powers with the Cosa in respect of all proposed laws, except that bills appropriating revenue or moneys shall not originate in the Senäts, and the Government shall require the confidence of the Cosa only to remain in office. In the event of the Senäts twice rejecting a bill appropriating revenue or moneys which is passed by the Cosa, upon it being passed a third time by the Cosa, it shall not require the consent of the Senäts to be given Royal Assent and take effect. Bills for the imposition or appropriation of fines or other monetary penalties, or for the demand or payment or appropriation of fees for licenses or services, shall not be taken to appropriate revenue or moneys.

Section 5
A Senator vacates his seat if he fails to vote on two consecutive Clarks, or if he resigns from office, loses his citizenship or dies.

Section 6
No senator shall ever be required to vacate his place during his term of service, due to a change in the qualifications of Senators.

Section 7
If a Senator vacates his or her seat before the end of the term, the executive of the province shall appoint a Senator to sit until the next General Election or the next provincial election in that province, whichever is sooner, at which time the people of the province shall elect a Senator to serve the remainder of the term. If the provincial executive fails to appoint a Senator within a fortnight of the vacancy, the King or his Cunstavál shall appoint the Senator.

Section 8
Senators may be removed from office by the Uppermost Cort, for criminal activity or for mis-, mal-, or non-feasance.

Section 9
The Senate may impeach any of its members from the Chamber with a two-thirds majority vote. Following impeachment, a vote must be held within a fortnight within the home province for the duration of a fortnight with the issue of expulsion by a simple majority of participating voters. If the province votes in the affirmative for expulsion, the Senator will lose his seat immediately at the close of the polls and a new Senator selected according to Section 7, above. If the province votes down expulsion, the impeachment charges will be dropped. Following a failed expulsion, the accused Senator may not again be tried for the same offence, pursuant to the Seventh Covenant of the Covenant of Rights and Freedoms. The former Senator is not barred from running for office in future elections as long as the former Senator maintains citizenship.

Section 10
The Senäts shall, after every general election of a senator, choose one of its members to be the President of the Senäts to be called the Mençéi, or in English the Lord President; and as often as the office of Mençéi becomes vacant the Senäts shall again choose a senator to be the Mençéi. The Mençéi shall cease to hold office if he ceases to be a senator. The Mençéi may be removed from office by a vote of the Senäts, or he may resign his office or seat by writing addressed to the King, or by public declaration.

Article IV: The Cosa

Section 1
The Cosa is the national legislative assembly, and is composed of 200 seats apportioned among political parties based on their performance in the General Election. It may administer itself as it sees fit.

Section 2
Based on the final results of the General Election, the Secretary of State shall calculate the apportionment of seats among the parties. Each party shall receive a percentage of the seats as equal as possible to its percentage of the popular vote, but each party shall receive a whole number of seats. The Secretary of State shall employ whatever mathematical formulae and calculations in the apportionment of seats as are set by law, or, in the absence of such law, as will best reflect the intentions of this Organic Law. The Uppermost Cort shall be the final judge in case of mathematical disputes.

Section 3
Only registered political parties may obtain seats in the Cosa. Parties which win votes but are not registered may not assume their seats in the Cosa until they register. The process to register a party shall be defined by law. The Secretary of State may request from all parties a registration fee, to be set by law, to cover the cost of the election. This fee shall be uniform for all parties.

Section 4
In the case of vacant seats occurring between elections, the Secretary of State shall inform the King and the leader of whatever party held the vacant seat. The King shall appoint a replacement to each vacancy. If the seat belonged to a party with a functioning party leader, the King must appoint as a replacement whichever person shall be so designated by that party's leader. If there is no functioning party leader, or if the party leader refuses to designate a replacement, the King shall appoint the replacement according to his own best judgement.

Section 5
Each person holding one or more seats is a representative known as a "Member of the Cosa" (MC). MCs may not be removed from office except by a two-thirds vote by the Cosa and approval by the King. An MC vacates his seats if he fails to vote on two consecutive Clarks, or if he resigns from office or dies. The seats of any MC who is removed or vacates shall be reassigned according to Section 4, above.

Section 6
Except as otherwise provided by law, anyone eligible to vote in Talossa is eligible to hold any governmental position, including Member of the Cosa. However, neither a reigning King, nor his Consort, nor a Regent during his regency shall hold any seats in the Cosa, nor shall any Senator hold any seats in the Cosa. But if a member of the Ziu is appointed Regent, and does not wish to resign his or her seats, a temporary replacement shall be appointed who shall occupy the Regent's seats until he or she is no longer Regent or his or her term of occupation of those seats expires. The method of appointing the temporary holder of the Regent's seats shall be specified in law.

Section 7
The Cosa convenes on the first day of the month after general elections, to coincide with the publication of the first Clark. Subject to the provisions elsewhere in this Organic Law, the term of the Cosa is six Clarks, each Clark coinciding with a month. During its last month, the King shall issue a Writ of Dissolution ending its term. At the time the Cosa is dissolved, all its members shall resign.

Section 8
At any time after elections, but before the first Clark of the new Cosa has been published, the incoming Seneschal may advise the King to issue a Warrant of Prorogation. This advice may not be refused. Such a Warrant quashes the publication of the first Clark of the new Cosa. If a Warrant of Prorogation is issued, the Cosa may only issue and vote on a maximum of five Clarks before new elections are called.

Section 9
The Seneschal may insert between any two Clarks, or after the final Clark, a "month of recess" in which no Clark is published. No more than one "month of recess" may be declared during any one term of office.

Section 10
The Seneschal may appeal to the King to issue a Writ of Dissolution to dissolve the Cosa before its term has expired and call new elections. If the appeal is presented accompanied by the explicit support of members of the Cosa representing a majority of seats therein, the King shall dissolve the Cosa effective immediately or, should there be a Clark in progress, upon the completion of the Clark. If the appeal lacks such an explicit expression of support from a majority of the Cosa, the King shall not act on the appeal for a period of three days following its receipt, and shall then accede to the appeal but only if the Crown has not been presented during that time with a petition, supported by members of the Cosa representing more than half the seats therein, praying that the Cosa be not dissolved. A Writ, once issued, takes effect only at the end of the month in which it was issued, and may be rescinded before it has taken effect.

Section 11
The Cosa may set and hold Living Cosas (live parliamentary meetings) to coincide with a Clark as described by law, so long as all Members of the Ziu have ample opportunity to submit their votes remotely.

Article V: Elections

Section 1
The Cosa shall be the sole body elected by the whole of the nation. It shall be elected by universal popular vote by all adult citizens after each dissolution.

Section 2
All elections to the Cosa are to be conducted during a period beginning from the fifteenth day of the calendar month following the dissolution of the prior Cosa until 11:59 p.m. on the fourteenth day of the subsequent month. All ballots must be cast by 7:30 p.m. on the first day of the subsequent month. The first day of this period is called “Balloting Day”, the first day of the subsequent month is called the “Election Deadline”, and the final day of the period is called the “Certification Deadline.”

Section 3
The Secretary of State shall, along with an Electoral Commission, certify each election to the Cosa, including any additional ballot items, pursuant to rules, regulations, and deadlines as prescribed by the Ziu; notwithstanding that any such certification must be made following the Election Deadline and prior to the Certification Deadline, unless an order be issued by a court of competent jurisdiction to stay the Certification Deadline.

Section 4
During the election period as defined in this article, the Secretary of State shall in every particular conduct the election according to the election laws in such a manner which affords to every citizen the opportunity to cast a vote for the party of his choice, affords every citizen the opportunity the choice to vote either publicly or privately, and does not discriminate against any party or individual in the collection or tallying of votes. The Secretary of State shall make public the exact procedures by which he will comply with election law, subject to certification by an Electoral Commission as prescribed by law.

Section 5
When the Election Deadline has passed, a tally of votes is publicly announced. Any votes cast after the Election Deadline, are null and void. Furthermore, if a voter returns more than one vote at any time during the election period, the first one cast is counted and the others are ignored.

Section 6
Elections for the filling of places in the Senäts shall be conducted simultaneously with general elections to the Cosa. Each time the Cosa shall be dissolved, there shall be an election for one-third of the total Senate seats (rounded to the nearest whole number). The exact fixed order of rotation of provinces for elections shall be set by law and shall require two-thirds vote in the Cosa with approval by the King and the Senäts to be modified.

Section 7
Unless a province explicitly requests that Chancery conduct the election to the Senate seat for that province, the province shall be responsible for doing so, and shall certify to the Chancery that the result represents the will of the people.

Section 8
Any Senatorial election conducted by the Chancery shall be conducted according to the provisions given in Sections 2-5, above, and utilize Instant Runoff Voting. In case of a tie between two or more candidates, the executive officer of the province as of the Election Deadline shall break the tie.

Section 9
If a voter initially forgets to vote in the Senate, the voter may, until the Election Deadline, still cast a vote for the Senate.

Article VI: The Government

Section 1
The head of the Government, or Prime Minister, shall be called, and is in this Organic Law referred to as, the Seneschal, or "PM." Any Talossan is eligible to be Seneschal; however, the King of Talossa may never be Seneschal.

Section 2
The King appoints the Seneschal. If a single party occupies a majority of the seats in the Cosa, the King shall choose as PM whichever individual shall be designated by that party. If no single party has a majority, the King shall appoint a Seneschal after consulting party leaders with the objective of finding a PM who can be sustained in subsequent Votes of Confidence by a majority of seats in the Cosa. The King must appoint a new Seneschal or announce the continuation of the incumbent in office within one month of the end of elections, or, if after one month no candidate can be appointed with the support of a Cosa majority, dissolve the Cosa after the first Clark and call for new elections.

Section 3
The Seneschal has State duties. He may advise the King to dissolve the Cosa and to appoint and remove members of the Cabinet. His advice to the King on these matters shall not be refused. He may also declare war and write treaties with the approval of the Ziu, expedite the Ziu's consideration of legislation, and issue Prime Dictates.

Section 4
Prime Dictates (PDs) are public declarations which affect government policy and have the force of law. They take effect upon their countersignature by the King, and function as laws for all purposes, with such exceptions and subject to such conditions as the Ziu may enact by statute. Prime Dictates are exempt from all provisions relating unto legislative proposals, but may never be used to amend this Organic Law.

Section 5
Should a petition supported by members of the Cosa holding more than half the seats therein be presented to the Crown instructing the King to replace the Seneschal, the King shall accede to the petition, and shall replace the Seneschal with any specific person named in the petition, or, lacking any specific recommendation for a successor, with any person who the Crown believes will command the confidence of the Cosa.

Section 6
The King appoints and dismisses members of the Government (Cabinet) on the advice of the Seneschal. The Government consists of the Seneschal, the Distáin, and various other ministers as set by law or appointed as the Seneschal sees fit.

Section 7
The King shall appoint a member of the Government to be Distáin (Deputy Prime Minister) on the advice of the Seneschal. The Distain shall act in place of the Seneschal in the event of the latter's death, resignation, absence, or disability, until a new Seneschal shall be appointed. The Ziu may by law establish procedures for determining the absence or disability of the Seneschal.

Section 8
Cabinet Ministers are responsible to the Seneschal, whom they advise and from whom they receive direction, and exercise state power with his consent.

Article VII: Legislation

Section 1
The Ziu is the only body authorized to consider and enact legislation binding upon the entire nation. The Ziu is composed of the King, the Senäts, and the Cosa.

Section 2
This Organic Law is the supreme law of the land. Any national, provincial or territorial laws which violate its provisions are null and void.

Section 3
The Ziu shall, subject to this Organic Law, have power to make laws for the peace, welfare, and good government of the Kingdom with respect to:
1. The repeal and amendment, subject to this Organic Law, of federal legislation made prior to this Organic Law coming into effect;
2. Census and statistics;
3. Weights and measures;
4. Currency, coinage and legal tender;
5. 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;
6. Copyrights, patents, and trade marks;
7. Postal, telegraphic, telephonic, radio, television, internet, and other like services;
8. The defence of the Kingdom, and parts thereof;
9. The control of the forces to execute and maintain the laws of the Kingdom;
10. Corporations formed under the laws of the Kingdom;
11. Immigration and emigration, naturalization and aliens;
12. Treason and sedition;
13. The seat of government of the Kingdom;
14. External affairs, including foreign trade, commerce, borders and transportation;
15. Matters referred to the Ziu by the government of any Province, but so that the law shall extend only to the Province by whose government the matter is referred, or which afterwards adopts the law;
16. Matters incidental to the execution of Federal government, without prejudice to the inherent sovereignty of the Provinces;
17. Symbols, flags, heraldry, anthems, cultural events and other like things of the Kingdom of Talossa; but not of the individual Provinces (the Ziu may make exception for the defence of traditional nomenclature or heraldry in place before the adoption of this Organic Law);
18. Disputes and relations between Provinces;
19. 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 4
The Secretary of State shall be appointed and dismissed as specified by law, and he or she shall supervise, and shall organise the legislative business of the Ziu. He or she shall do this by administering a public venue for the inspection of legislative proposals before they become bills, “The Hopper” and by compiling and publishing the monthly legislative journal, “The Clark”. The Secretary of State has the right to appoint deputies. Responsibilities, appointment, and dismissal of deputies shall be governed by law.

Section 5
Any Member of the Cosa, or a Senator, or the King, or the Secretary of State, shall have the right to submit legislative proposals, and bills to the Secretary of State for consideration by the Ziu according to the procedures specified in this article, and specified by law. Within the bounds and rules imposed by law, tradition, and reason, the Secretary of State shall ensure that all legislators be allowed to submit their bills for consideration.

Section 6
At his discretion, the Prime Minister shall have the right to withdraw any legislative proposal from “The Hopper”, and instruct the Secretary of State to treat it as a properly submitted bill.

Section 7
All bills received by the Secretary of State during one calendar month shall be compiled into a published legislative journal, to be called “The Clark”. The Clark shall be compiled prior to the first day of the following month, and shall be published publicly on that day. The Clark shall be made available to all MCs and Senators

Section 8
The Clark must contain, in every edition, a Vote of Confidence. Each MC may answer this question in his Clark ballot every month, either with a "yes" or a "no." If at the end of any Clark the "no" vote outnumbers the "yes" vote, the King shall dissolve the Cosa and call new elections.

Section 9
Every MC and Senator may vote on every bill in every Clark through reasonable means determined by the Secretary of State, and MCs and senators will have until the end of business on the twenty-first day of the calendar month to submit their votes to the Secretary of State. An MC or senator may vote "për" (to a bill he approves), "contrâ" (to a bill he disapproves), or "austanéu" (for an abstention) on every bill. Except where otherwise provided in this Organic Law, when determining the outcome of a vote in either house of the Ziu, "austanéu" votes will not be counted.

Section 10
Except where otherwise provided in this Organic Law any bill which receives more "për" votes than "contrâ" votes in the Cosa and the Senäts is considered to have been adopted by the Ziu, and all other bills are considered to have been rejected. Any bill adopted by the Ziu is sent at once to the King for his assent.

Section 11
Every bill which passes the Ziu shall be presented to the King before it comes into effect. The King may sign such a Bill, in which case it shall immediately enter into effect and become law; or he may veto the Bill, in which case it shall be returned, with his objections, to the Ziu, which shall reconsider it in the next Clark. If, after such reconsideration, two-thirds of the Cosa agree to pass the bill, or the part of the bill objected to, with the approval of the Senäts, it shall become a law over the objection of the King. If a bill vetoed by the King in a certain term of the Cosa is passed by a simple majority of the Cosa and the Senäts in the subsequent term of the Cosa, the bill shall become law over the King’s objections, and cannot be vetoed. If the King neither signs nor vetoes a Bill before the last day of the month in which it was passed by the Ziu, he shall be deemed to have signed it.

Section 12
The next Clark will publish the votes of all MCs and Senators on every bill, and which bills passed or failed, and by how much.

Section 13
The Ziu may prepare referenda and submit these to popular vote of the people as it sees fit. The referendum may be advisory (a non-binding public opinion check) or may have the force of law upon its approval by a majority of those who vote on it. Referenda questions appear on the ballot during the next general election, or sooner, if the Seneschal so chooses to authorise.

Section 14
The Ziu is prohibited from passing ex post facto laws and Bills of Attainder, or from concluding military capitulations or surrenders.

Article VIII: The Courts

Section 1
The judicial power of Talossa shall be vested in one Cort pü Inalt, in English the Uppermost Cort, consisting of five co-equal justices, and in such inferior courts as the Ziu may from time to time establish. The justices of the Cort pü Inalt and the judges of any inferior courts shall hold their offices for life (or until resignation), but may be removed by either a two-thirds vote in the Cosa with approval by the King and the Senäts or due to inactivity as defined by law.

Section 2
In the event of a vacancy in the Cort pü Inalt, any member of the Ziu may nominate a replacement. The nominee shall be approved by a two-thirds vote in the Cosa and a majority vote in the Senäts in favour of his appointment. Upon such approval, the King shall appoint the nominee as a Justice of the Cort pü Inalt and he shall then take his seat for life. The King may refuse to appoint the nominee, in which case the Ziu shall re-consider the nominee or nominate a new nominee. If after reconsideration of the nominee, two-thirds of the Cosa and a majority of the Senäts have approved the nomination, then the King may not refuse to appoint the nominee as a Justice of the Cort pü Inalt.

Section 3
Neither a reigning King nor his Consort, nor a Regent during his regency, nor the Secretary of State, nor the Seneschal, nor any public prosecutor, nor any Senator shall be a Justice of the Cort pü Inalt.

Section 4
The process for hearing cases and appeals shall be set by law, or, in the absence of such law, in accordance with the principles of justice, tradition, and expediency, except that no court shall issue any authoritative decision without the fullest opportunity for all members assigned to a case to consider the case in question, and all decisions and dissents shall be made public.

Section 5
Where there is an exact precedent, a court shall rule according to law. Where there is no exact precedent, a court will make a rule to fit the case, either by reinterpreting an old rule (statutory or otherwise) or by applying what it considers principles of justice, consistent with the Covenants of Rights and Freedoms. The courts shall render their decisions with due regard to the original intent of any law being clarified, as defined by the law's author(s). In the event of a difference in interpretation as to the meaning of a law, the court shall render an official interpretation with full respect to the Covenants of Rights and Freedoms.

Section 6
If a court discovers unclear or confusing language in this Organic Law or in any law, the court shall rule according to the most just and equitable understanding of the law, according to the plain meaning of the words, or if such words have acquired a technical meaning at law, according to the technical meaning, until the confusion is resolved.

Section 7
The Cort shall try persons for all offences under law, such as a person doing something he should not, or not doing something he should. The Cort shall inflict such punishment as the law provides and shall have power to enforce these punishments against violators, commensurate with the severity of the crime. The Uppermost Cort may in certain extreme circumstances impose the penalty of expulsion from the country, by a unanimous vote. Sentences may only be overturned by Royal Pardon.

Section 8
Any judge or justice may issue court orders or injunctions according to the generally accepted principles of Anglo-American law. The final arbiter of the Organicity of injunctions is the Uppermost Cort.

Section 9
If a judge or Justice is a party in a court case, he shall exempt himself from the bench for the duration of the case, and nominate a temporary replacement, who will be approved by the other judges or Justices of the court.

Article IX: Territorial Subdivisions

Section 1
Provinces are Cantons (or groups thereof) which are self-governing and autonomous. They are administered by constitutional governments elected democratically within the Province. Provincial borders may only be changed by the Ziu with the consent of the Province or Provinces in question.

Section 2
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.

Section 3
Each Province shall govern itself in such a manner as to guarantee its citizens the full protection of their rights under this Organic Law. Provinces may conduct their elections themselves or delegate the conduction of their elections to the Chancery. 

Section 4
The King shall appoint a Cunstavál (or Constable) for each Province. Until such time as the King or Cunstavál proclaims a provincial constitution providing otherwise, a Province's Cunstavál shall serve as Military Governor and may exercise all the powers of the provincial government. No Cunstavál shall proclaim any provincial constitution, nor shall any province pass a constitutional amendment, which conflicts with any provision of this Organic Law or with any other national law, or grants to the Cunstavál royal powers less extensive than those granted to the King on the national level (except that the provincial royal powers need not include a right of dissolution if provincial elections are held concurrently with Cosâ elections). No Cunstavál 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. No person shall be at the same time Cunstavál of one province and the leader of the provincial government of another province.

Section 5
Where any law of a Province, concerning an area of power outlined in Article VII, Section 2, is inconsistent with a law of the Kingdom, the Provincial law shall be invalid to the extent of the inconsistency.

Section 6
All powers not vested in the Kingdom by this Organic Law shall be vested exclusively in the Provinces.

Section 7
All Talossan citizens living in Talossa shall belong to the Province in which they live, even when provincial borders change and his home is thereby "reassigned" to a different province

Section 8
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 his assignment to a Province altered without his express consent, even if the Ziu shall see fit to redraw the geographic assignment boundaries.

Section 9
Territories are Cantons (or groups thereof) which are not self-governing. They are administered by Governors appointed by the King on the advice of the Seneschal and subject to laws of the Ziu

Section 10
No Township, Parish, Canton, Province, Territory, or other area of Talossan territory may secede from Talossa, nor pass any law contravening any point of this Organic Law unless explicitly permitted to do so herein.

Article X: Citizenship and Rights

Section 1
Any foreigner or Cestoûr who feels in his heart that he is Talossan may acquire Talossan citizenship by following the naturalization procedures set forth by law.

Section 2
Talossan citizens may live within the country or abroad. This distinction does not affect their legal standing or their civil or political rights.

Section 3
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 Secretary of State on or after their 14th birthday.

Section 4
Talossans may voluntarily renounce their own citizenship. This may be done by publicly issuing a written Declaration of Renunciation. It shall take immediate effect upon its acknowledgement by the Secretary of State through issuance of a Writ of Termination of Citizenship.

Section 5
Any citizen who neither votes in any general election nor responds to any national census established by law for a period of two years, as calculated at any Election Deadline, shall be deemed to have renounced his citizenship.

Article XI: Covenants of Rights and Freedoms

Preamble
The Covenant of Rights and Freedoms guarantees the rights and freedoms set out in them to all Talossan citizens, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. These Covenants shall be interpreted in a manner consistent with Talossan custom and tradition, and with the aim in mind of preserving and enhancing the ethnic heritage of the Talossan nation and the peace, order, and good government for the Kingdom of Talossa.

First Covenant
No law shall exist abridging the freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication except in case of public order or morals. Censorship shall never exist in Talossa; every person may freely speak, write and publish his sentiments on all subjects, being responsible for the libelous abuse of that right.

Second Covenant
No discrimination, affirmative action schemes, or preferential treatment shall exist within the Kingdom of Talossa on the grounds of race, colour, class, nobility, sex, sexual orientation, gender identity, age, religion, beliefs, language, or any other physical or societal parameters of any kind whatsoever, except as provided for elsewhere in this Organic Law. No religious or ideological organisation shall be "established" by law. Separate consideration on the basis of sex may only exist in cases of propriety.

Third Covenant
Talossans have the right to peaceful assembly whether in private facilities or in the open air, provided that such assembly neither disrupts traffic or legal commercial activity, or unduly inconveniences people. Talossans have the right to freely organize political parties and other organizations, subject to their own laws of membership, and this right may not be abridged except with regards to organizations which advocate the use of violence or intimidation to attain political or other ends, or which seek to restrain any person or group of people from the exercise of their rights as granted under these Covenants.

Fourth Covenant
Under the principle that "A Man's Room is His Kingdom," the right of the people to privacy and security in their persons, homes, papers, correspondence, and property, against unreasonable searches and seizures, shall not be violated. The privilege of the writ of habeas corpus shall not be suspended. No person may be arrested or detained without a warrant issued by a judge, except in cases of flagrante delicto. No warrants shall be issued except on probable cause, and must particularly describe the place to be searched and the person or things to be seized. The right to privacy for public figures must be balanced by the public's right to know, in matters affecting politics, elections, campaigns, and governing. The intentional withholding of political information which reasonable voters might find helpful, profitable, or informative, violates the public's right to know.

Fifth Covenant
Any person charged with an offence shall be presumed innocent until proven guilty, and has the right to request information on his legal rights. No accused person shall be twice put in jeopardy of life, liberty, or property for the same offence, or without due process of law; nor shall any citizen be compelled in any criminal case to bear witness against himself. Excessive fines, and cruel and bizarre punishments, shall not be inflicted.

Sixth Covenant
Liberty consists of any action which is not detrimental to others, and no right herein enumerated, or elsewhere recognised by the Cosa, shall extend to anyone engaged in activities which injure, endanger, risk or compromise the physical health, privacy, or tranquility of other persons through the pretended exercise of said right.

Seventh Covenant
No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs.

Eighth Covenant
Talossa shall never tax nor purport to tax, unduly burden, outlaw or abridge for its citizens any right to acts of: peaceful assembly; religious worship or affiliation; political speech or expression or affiliation; religious or historical or scientific or philosophical belief; abortion (being the freely conscious ability for a woman to make a determination on the continuation of her pregnancy); consensual sexual activity (between two consenting people of an age of responsibility); contraception; marriage (between consenting adults regardless of their sex, unless they are consanguineous up to the fourth degree of relationship), civil unions (and equivalents); divorce; adoption; advance health care directives; attempted suicide; euthanasia; the reading of any book; and the writing or use of any language. Neither shall any person be made to answer in any Talossan court for the alleged, admitted, or actual violation of any foreign law restricting or denying any right to or forbidding any act enumerated above.

Ninth Covenant
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury or tribunal of the Crown. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence.

Tenth Covenant
Anyone whose rights and freedoms, as guaranteed by these Covenants, have been infringed or denied may appeal to a court of competent jurisdiction to obtain such redress of grievances as the court considers appropriate and just in the circumstances, but the award granted to the plaintiff for punitive damages shall not exceed that granted for compensatory damages.

Eleventh Covenant
Where, in the course of a trial, a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by these Covenants, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Twelfth Covenant
Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime determined by the Uppermost Cort, or as a result of relevant electoral or census law.

Thirteenth Covenant
The enumeration of rights and freedoms in these Covenants shall not be construed to deny or disparage other rights retained by the people. Powers not delegated by law to the Crown, to the Government, to the courts, to the Provinces or Territories, or to legal state organs established thereunder, are held by the Talossan people.

Article XII: Amendments to this Organic Law

Section 1
Amendments to this Organic Law may be proposed by two-thirds of the Cosa with approval of the Senäts. Approval of the Senäts shall be by simple majority, except that amendments to this article, amendments to the articles regarding election to and composition of the Senäts, and amendments to the article regarding territorial subdivisions require approval of two-thirds of the Senäts.

Section 2
The King shall assent to amendments proposed by the Cosa and Senäts unless he returns them with his objections within thirty days of their proposal, or within fifteen days in the case of amendments passed on the last Clark of a Cosa term. The King shall not refuse assent if the identical amendment is approved by three-quarters of the same Cosa with an absolute majority of the Senäts, or by two-thirds of the following Cosa with a simple majority of the Senäts.

Section 3
After approval by the Ziu in accordance with the preceding sections, a proposed amendment shall be submitted to the people in a referendum. If the King objected to the proposed amendment under the preceding section, a statement of his objections not exceeding one hundred and fifty words shall be provided to the people along with the proposed amendment. The amendment shall take effect, and the King shall promulgate the amendment as part of this Organic Law, if it is approved by a 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, except as provided in the following sections.

Section 4
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 not take effect unless approved by a majority of participating voters in that province.

Section 5
The Covenants of Rights and Freedoms, being sacred and necessary to the defence of our free society, are entrenched provisions of this Organic Law. No amendment to the Covenants shall take effect unless approved by a two-thirds majority of voters participating in the referendum on the question of the amendment.

Noi urent q'estadra så:
Ian Plätschisch (Sen-MM)
Lüc da Schir (Sen-BE)

[Ian Plätschisch]

[Þon Txoteu É. Davinescu]

My god that girl has pipes!

[Miestrâ Schivâ, UrN]

I would really like Sir Alexandreu Davinescu and Viteu Marcianüs (when the latter have calmed down from tearing strips off each other) to both look through this and decide whether it can be the basis for a multi-party consensus on OrgLaw Reform in the 53rd Cosa.

[Sir Alexandreu Davinescu]

Seems like a good basis for discussion. I would suggest we move article by article through the OrgLaw, starting with the suggestions above. If it's okay, we won't start with them as the default text, but at a glance (no committment! haven't had time to give it a sharp look yet) the basic ideas for revision seem sound, so they make sense as the first things to discuss within each article. Would that be acceptable? That would provide for (1) wholesale revision and streamlining of the OrgLaw, (2) an incremental process that is likely to yield article-sized chunks of amendment that can be considered on their own merits and thus in a timely fashion, and (3) a fair hearing to all ideas that still has a suggested track forward as an initial basis.

So the end result would be individual amendments, handling one or two articles at a time, beginning with the suggested changes from Ian above? And we could do it either here or (if you guys prefer) the dedicated forum you created. You might want to do it in the forum, emphasizing that this is the growth from that same process of Organic reform that you have jump-started into action.

[Miestrâ Schivâ, UrN]

On a brief read through, only three things are repugnant to me:

1) The hereditary monarchy.
2) The fixed 200 seat / "unreal" Cosa.
3) The Second Covenant which still embodies KR1's American conservative opposition to affirmative action.

But we need a 3/4 royal veto-proof majority on this - and a 2/3 Senats majority. So I would be prepared to "swallow the dead rat" on this one to push this OrgLaw through to promulgation, and then to deal with those issues through later amendments - assuming we do have the numbers in both Houses.

[Miestrâ Schivâ, UrN]

I would like to add a 4th problem: I don't like the way that the King says "I'm vetoing this because it might be inorganic". The King is not the judge of what's inorganic or not. I would like an amendment that "if the King thinks a bill is inorganic, he shall pass it to the CpI for a legal opinion; if the CpI agrees, the Royal veto shall be absolute and the bill cannot pass into law without amendment".

[Ian Plätschisch]

Apr 3, 2019 16:21:02 GMT -6 Miestrâ Schivâ, UrN said:

I would like to add a 4th problem: I don't like the way that the King says "I'm vetoing this because it might be inorganic". The King is not the judge of what's inorganic or not. I would like an amendment that "if the King thinks a bill is inorganic, he shall pass it to the CpI for a legal opinion; if the CpI agrees, the Royal veto shall be absolute and the bill cannot pass into law without amendment".

I don’t particularly like this idea. I think it is the job of the entire Ziu, not just the Cort, to make sure it doesn’t pass anything inorganic. Also, this would allow the Cort to rule without an actual “case or controversy.” Plus, the King could just veto it without saying its inorganic, or could claim its inorganic and that he would veto it anyway even if the Cort says it is Organic.

Anyway, we could discuss this further but it’s much too substantive a change for this amendment.

[Ian Plätschisch]

I have now posted the text and uploaded the commentary on this post.

I will do another read through, but while I am thinking about it, two things have caught my eye:

Changes I've made since posting the commentary
-Article XIII (except the first section) was removed and the first section moved to the Legislation Article. This is because I am no longer proposing this as a new Organic Law
-Section 1 of the Courts article says that the "Cosa" may establish lower courts; this was changed to the "Ziu"
-The Ziu may regulate what happens in the event the King fails to perform a duty
-Clarified V.8
-Clarified VI.3
-Changed procedure when the Senate does not approve the budget
-Abstentions allowed on VoCs
-MZs do not have to vote on every bill
-Some requirements for provincial constitutions added back
-Royal power to grant titles of nobility and awards/decorations added back
-Dandelions register with SoS instead of MinImm
-Senate and Cosa may administer themselves as they see fit.

Attachments:

Annotated 1997 Organic Law.docx (56.95 KB)

[Glüc da Dhi]

What is the current plan with regards to the timeframe? Will this be clarked this term? Is there a plan to write draft amendments to el Lexhatx to fill up the gaps (if any) before this gets clarked?

[Ian Plätschisch]

Apr 16, 2019 6:07:58 GMT -6 Glüc da Dhi said:

What is the current plan with regards to the timeframe? Will this be clarked this term? Is there a plan to write draft amendments to el Lexhatx to fill up the gaps (if any) before this gets clarked?

I plan to Clark it this term. I have included a provision that will delay its implementation by up to one year (though this period may be shortened by the Ziu) to allow new statutes to be put in place.

[King John]

Article XIII Section 4 is amazingly vague. If this passes, we'll wrangle endlessly, and we won't know until the Cort rules, on whether particular laws are Organic or not. Laws that we've lived with for a long time now MIGHT be in effect, or might not, and nobody will know.

— John R

[Lüc da Schir]

Alright, so I wanted to do a blanket review of stuff I don't like/would change in this amendment, but I don't have time to complete it in one go. In the meantime:

1) Article II Section 2 - "If at any time the King fails to perform a duty, he shall be deemed to have performed it."

I can see why this was added, but isn't there a better way to get around the issue of a King "forgetting" to do something than essentially "retconning" the failure to act? It just seems like an awful solution to me, even more so because it's a blanket statement and applies equally to (eg) granting Arms, appointing ministers and dissolving the Cosa, which are drastically different duties.

I'd prefer at least an alternate provisions that says the Ziu can pass legislation to address what to do case by case, or something similar.

2) Article III Section 4 - the whole Joint Sitting thing.

For a start, it's pretty odd that the King (and not the Government) gets to call a Joint Sitting, and it's not even suggested that it's on the PM's initiative. But more on point, why do a Joint Sitting at all? It's so Cosa-biased that at this point you could just replace it with "If the Senate shall twice reject a bill appropriating revenue or moneys, the same bill shall become law over the objection of the Senate."

[King John]

I agree with Lüc. I think we should list the specific cases in which the King's failure to act is to be deemed as his having acted. That would take care of the ambiguity of "a duty", and cover only things we intend it to cover. And I agree that the "Joint Sitting" seems a bit weird, and contrived, especially its provision that an MC with one seat should count equally in the Joint Sitting with an MC with many seats.

— John R

[Ian Plätschisch]

Apr 18, 2019 9:21:24 GMT -6 King John said:

Article XIII Section 4 is amazingly vague. If this passes, we'll wrangle endlessly, and we won't know until the Cort rules, on whether particular laws are Organic or not. Laws that we've lived with for a long time now MIGHT be in effect, or might not, and nobody will know.

— John R

As I pointed out, now that I am not trying to pass this as a new Organic Law, just as an amendment, I think I can take that part out.