The Constitution for Benito Act

[Deleted]

WHEREAS the people of Benito drafted a constitution which was passed through the Provincial Legislature of the Province and

WHEREAS this Constitution was ratified through a Provincial Referendum and

WHEREAS calls to the Cunstuval to promulgate this new Constitution went unanswered and

WHEREAS the people of Benito have spoken so

THEREFORE, the Constitution of the Sovereign Province of Benito is hereby proclaimed:

CONSITUTION OF THE SOVEREIGN PROVINCE OF BENITO

We, the people of Benito, do hereby endorse this constitution for the government of our great Province and do therefore ordain it to be the rule and guide of our government and the guardian of our rights.

The State

Art. 1. The Sovereign Province of Benito is an autonomous and self-governing member of the federal Talossan nation and pledges eternal allegiance to His Royal Majesty, and the Regipäts Talossan.

Art. 2. The name of the state is la Provinçù Soveran da Benito. In English, it is the Sovereign Province of Benito.

Art. 3. The sacred and irremovable territory of the Sovereign Province of Benito shall consist of the cantons of Garibaldi and Mazzini.

Art. 4. The capital of the Province is Garibaldi.

Art. 5. The sole historic and national language of the entire Talossan people, and therefore of the Benitian Province, is the Talossan language (el glhetg Talossan). The Benitian government shall also recognise English as a useful working second language, and may adopt tertiary working languages by law.

Art. 6. The Provincial flag shall be registered with the College of Arms with the blazon, Per fess vert and gules an inescutcheon per tierce vert, argent, and gules fimbriated or in chief a royal crown proper.

The Provincial Chancellery

Art 7. Legislative power in the Sovereign Province of Benito is invested in a Provincial Chancellery. The Provincial Chancellery shall consist of 11 seats filled by representatives of political parties granted legislative seats in the general election.

Art 8. The Provincial Chancellery shall have power to pass any bill into law by a simple majority vote of its members. Voting sessions shall open at the first hour of the first day of each month except during national General Elections. At the dissolution of the Cosa, the Provincial Chancellery will also be dissolved. Seats in the Provincial Chancellery will be redistributed according to the ballots cast in the General Election by citizens of the Province.

Art 9. Members of the Provincial Chancellery shall be known as Chancellors and must participate in each open session of the Chancellery. Failing to vote or abstain in 3 consecutive legislative sessions shall make a Chancellor eligible for removal.

Art 10. A Chancellor may be removed from their seat in the Provincial Chancellery following conviction by the Cort pü Inalt, Dismissal from the Talossan Military, death, incapacitation or failing to vote or abstain in 3 consecutive legislative sessions. Removal shall not be automatic. Following one or more of these incidents, any member of the Provincial Chancellery may present a Writ of Impeachment at the next legislative session which shall clearly state for which of the aforementioned reasons a Chancellor should be removed. The Writ shall be authorized upon receiving a 3/5 majority vote and then presented to the applicable party leader by the Maestro. Political Parties will have until the next session or 30 calendar days, whichever is greater, to fill vacant seats. Any seats left vacant after such time will be turned over to the Viceré for distribution.

The Maestro

Art 11. The Maestro shall be the majority leader in the Provincial Chancellery. He shall have the power to issue proclamations which have the force of law. These proclamations may be appealed or amended as regular laws.

Art 12. A new Maestro may be chosen at any time by a resolution approved by a majority of the Provincial Chancellery, but a resolution electing a new Maestro or continuing the current Maestro in office must be approved by the Provincial Chancellery at least once in every term of the national Cosa. The first order of business of each newly assembled Provincial Chancellery will be to elect a new Maestro from among its members.

Il Viceré

Art 13. The Viceré, or Viceroy is the representative of the King of Talossa, and as such, shall have veto power over all laws of the Chancellery. The Viceré is appointed by the King pursuant to Organic Law.

Art. 14. A veto by the Viceré may be overridden by a 3/5 majority vote of the Provincial Chancellery.

El Representanteu Noval

Art 14. Benito’s delegate to the Senäts shall be known within the Province as el Representanteu Noval and styled “Senator.” The Representanteu Noval shall be selected pursuant to Organic Law.


Distribution of Power

Art 15. So that no conflict of interest may occur, or that no one individual may take over the province in a hostile attempt, no-one may hold more than one of the offices of Maestro, Viceré, or Noval Representanteu simultaneously. The Viceré also may not hold seats in the Provincial Chancellery.

Justice

Art 16. The Cort pü Inalt shall have original jurisdiction to try all cases arising under Benitian law.

Art 17. The Province of Benito reserves the right to form a justice system to meet its needs pursuant to Organic Law.

Amendments

Art 18. This Constitution may be altered by a resolution of the Provincial Chancellery, which must be approved by a referendum of the people attaining the favour of three-fifths of those who vote and promulgated by the Viceré.

Uréu q'estadra sa:

T.M. Asmourescu, MC-RUMP
Flip Molinar MC-CCCP
Matáiwos Vürinalt, MC - CCCP

[Sir C. M. Siervicül]

I don't know why the Cunstaval hasn't acted, but wouldn't there have to be an OrgLaw amendment for the Ziu to proclaim a provincial constitution?

[Deleted]

I am trying to take advantage of an ambiguity in the law.

The OrgLaw states:

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. Article 17 Section 9

To be fair, this Act would pass through the Ziu but would not become law until it was signed by the King. My contention is that it would not be the Ziu proclaiming a Constitution, but rather, the King since it is his signature which makes it law.

Because of OrgLaw Article X Section 6, the King still has the power to shoot down the bill. Thus, we are not in any way attempting to force the hand of the King.

The people of Benito are merely requesting the approved Constitution be signed by the King using the Ziu as a legal conduit.

[Sir C. M. Siervicül]

Ah, good point. Very clever.

[Deleted]

I watch Boston Legal a lot.

[Flip Molinar]

Nice one Tim

[Sir Alexandreu Davinescu]

I hate to be a jerk, but really the Ziu is not an agency of the King, so I'm not sure that works the way you describe simply because he can veto this - failing to strike down a bill, after all, is not the same thing as promulgating it. I would suggest, however, that it might be simpler to just ask the King to proclaim this. I doubt anyone (least of all me) would have a problem with that, as all due process has been followed and the legalese seems to have been satisfied in such a case.

[Deleted]

This Bill is offered on behalf of the people of Benito. If it is voted on and passed through the Ziu along with being signed into Law by the King, the people of Benito feel confident in the strength of this proposed legislation to withstand any and all legal challenges.

[Owen Edwards]

Surely the Ziu IS an agency of the King - and as Tim points out, the King would sign the Constitution into law, which IS promulgating it.

[Flip Molinar]

I wish to cosponsor this act.

[EM Vürinalt]

I'd love to cosponser this as well.

[Flip Molinar]

I respectfully call on good King John to act on this matter at once.