[PROPOSAL] A Constitution for Fiôvâ

[Miestrâ Schivâ, UrN]

1. The name of the Province is the Free Province of Fiôvâ, or in Talossan, la Provinçù Liveradâ da Fiôvâ.
2. The flag of the Province shall be [Grubi, can you give us an image link to your flag?].
3. All elections in Fiôvâ are carried out by secret ballot and by principles of proportional representation.
4. Executive power in Fiôvâ is exercised by a Capitán, whose term of office shall expire every 1 June.  
5. The Capitán may delegate any executive powers to Provincial Ministers. The Ministers are collectively and individually responsible to and may be dismissed by the Capitán or the General Assembly. The Capitán and Ministers are collectively known as "the Government". The Capitán may nominate a Chief Minister.
6. Legislative power in Fiôvâ is exercised by the General Assembly of all citizens. The Capitán shall chair the Assembly.
7. Judicial power is exercised by a Landsdoom, consisting of one or more adjudicators nominated by the Capitán and approved by the General Assembly, as and when necessary.
8. Provincial Law consists of (in order of precedence) the Organic Law of the Kingdom of Talossa, the laws of the Federal Ziu (except in matters reserved to the provinces), this Constitution, the Laws passed by the General Assembly, decisions of the Landsdoom, and Executive Orders. Executive Orders are issued by the Government in the name of the Capitán. They may be overturned by the General Assembly.
9. Amendments to this Constitution require a 2/3 majority in the General Assembly. All other laws require a simple majority. The Capitán has no right of veto or delay.
10. Elections and maintenance of provincial governmental and electoral archives are conducted by a Secretary of State, elected and dismissed by the General Assembly.
11. All debates and votes of the General Assembly are public except in the case of national or provincial security, or involving sensitive personal information.

[Istefan Perþonest]

I believe, since the proposed legislature is going to be co-extensive with the population (thus making dissolution irrelevant), the only bits that would be needed to be added to this proposal to make it compatible with the requirements of Article XVII, Section 9 of the OrgLaw are:

1) The Provincial Ministers should, I believe, officially be appointed by the King/Cunsteval on the advice of the Capitán.

2) The Landsdoom's rulings should be explicitly appealable to the national courts.

3) While the Capitán has no right of veto or delay, the King/Cunsteval would have to have one. As the M-M provincial constitution allows the veto to be overridden by a simple majority, presumably that could be done in Fiôvâ, too.

[Miestrâ Schivâ, UrN]

Can you point me to the part of the OrgLaw which discusses the role and appointment of Cunstaváis? The only time I remember provincial heads-of-state having been important in Talossan history was 1987, when PM Lorentz named Bob Murphy as "Governor-General" of Vuode to get on the wick of King Robert who was also the provincial PM.

[Istefan Perþonest]

Apr 21, 2012 21:24:22 GMT -6 Miestrâ Schivâ, UrN said:

Can you point me to the part of the OrgLaw which discusses the role and appointment of Cunstaváis?

From Article XVII: Territorial Subdivisions

Section 9. Each Province shall govern itself in such a manner as to guarantee its citizens the full protection of their rights under this Organic Law. Provincial elections may, if so specified in a Province's constitution, be conducted by the Chancery at the same time as elections to the Cosâ, and in accordance with the national election laws and rules. 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 or constitutional amendment which:

• Conflicts with any provision of this Organic Law,
  
• Grants to the King (and consequently to the Cunstavál as the King's representative in the Province) 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,
  
• Fails to provide a right to appeal decisions of the provincial court or courts (if any) to the Cort pü Înalt or such other national courts as may be created by the Ziu, or
  
• In the case of the adoption of a new constitution, is not 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.
  

[Capt. Sir Mick Preston]

Apr 21, 2012 21:24:22 GMT -6 Miestrâ Schivâ, UrN said:

Can you point me to the part of the OrgLaw which discusses the role and appointment of Cunstaváis? The only time I remember provincial heads-of-state having been important in Talossan history was 1987, when PM Lorentz named Bob Murphy as "Governor-General" of Vuode to get on the wick of King Robert who was also the provincial PM.

If I may, I would ask to answer that query...

Article XVII: Territorial Subdivisions

Section 4. 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 Seneschál and subject to laws of the Ziu;. Pengöpäts Antarctic Territory forms an exception to this rule (see Section 11, below).

====================

It goes on, after that. Alot. It gets really wordy. That's why I didn't quote it.

[C. Carlüs Xheraltescù]

In that case, I'd like to propose the following amendments to the proposal:

5. The King or the provincial Cunstavál may appoint additional Provincial Ministers upon the advice of the Capitán. The Ministers are collectively and individually responsible to and may be dismissed by the Capitán or the General Assembly. The Capitán and Ministers are collectively known as "the Government". The Capitán may nominate a Chief Minister, who must also be appointed by the King or provincial Cunsteval.

7. Judicial power is exercised by a Landsdoom, consisting of one or more adjudicators nominated by the Capitán and approved by the General Assembly, as and when necessary. All of the Landsdoom's rulings may be appealed to the national courts.

9. Amendments to this Constitution require a 2/3 majority in the General Assembly. All other laws require a simple majority. The Capitán has no right of veto or delay. The King or the provincial Cunstavál may exercise a right of veto or delay. An exercised right of veto or delay may be overturned by a majority vote in the General Assembly.

[Miestrâ Schivâ, UrN]

Actually, I would like to propose my own amendments, which not only include the Cunstavál but make the Capitán a less "all-powerful" position - more like a Seneschál than a President.
==
1. The name of the Province is the Free Province of Fiôvâ, or in Talossan, la Provinçù Liveradâ da Fiôvâ.
2. The flag of the Province shall be [Grubi, can you give us an image link to your flag?].
3. All elections in Fiôvâ are carried out by secret ballot and by principles of proportional representation.
4. Executive power in Fiôvâ is exercised by a Capitán, elected by the whole people and confirmed by the Cunstavál. The Capitán's term of office shall end every June 1, or earlier in case of resignation or dismissal by the Cunstavál or the General Assembly (by majority vote). In case of resignation or dismissal, the Cunstavál may nominate an Acting Capitán until a new election can be held. No election for Capitán may be held between February 1 and April 30.
5. The Capitán may delegate any executive powers to Provincial Ministers. The Ministers are nominated by the Capitán and confirmed by the Cunstavál. The Ministers are collectively and individually responsible to and may be dismissed by the Capitán or the General Assembly. The Capitán and Ministers are collectively known as "the Government".
6. Legislative power in Fiôvâ is exercised by the General Assembly of all citizens. The Assembly shall be chaired by a Túischac'h elected by the Assembly. A new Túischac'h shall be elected every time the office is vacant.
7. Judicial power is exercised by a Landsdoom, consisting of one or more adjudicators nominated by the Cunstavál and approved by the General Assembly, as and when necessary. Decisions of the Landsdoom may be appealed to Federal Corts.
8. Provincial Law consists of (in order of precedence) the Organic Law of the Kingdom of Talossa, the laws of the Federal Ziu (except in matters reserved to the provinces), this Constitution, the Laws passed by the General Assembly, decisions of the Landsdoom, and Executive Orders. Executive Orders are issued by the Cunstavál in the name of the Government and must be co-signed by the Capitán. They may be overturned by the General Assembly.
9. Amendments to this Constitution require a 2/3 majority in the General Assembly. All other laws require a simple majority to be sent to the Cunstavál for promulgation. Any veto by the Cunstavál may be overturned by a majority vote on an unaltered bill.
10. Elections and maintenance of provincial governmental and electoral archives are conducted by a Secretary of State, elected and dismissed by the General Assembly. If no Secretary of State is appointed, the Túischac'h shall conduct these duties.
11. All debates and votes of the General Assembly are public except in the case of national or provincial security, or involving sensitive personal information.
12. Every officer named under this Constitution may nominate a Deputy to fulfil their functions in case of absence, or to act as a provisional replacement in cases of resignation or dismissal.

[C. Carlüs Xheraltescù]

Is there a precedent for elected Chief Executives being removed from office by a Cunstavál?

[Miestrâ Schivâ, UrN]

Apr 23, 2012 14:49:11 GMT -6 C. Carlüs Xheraltescù said:

Is there a precedent for elected Chief Executives being removed from office by a Cunstavál?

It happens all the time in India, it's called "President's Rule".

[D. N. Vercáriâ]

Kind of, I can't figure Prez Manmohan Singh doing nasty things, speaking with his peaceful teddybear voice.... but I know, that's muchly off-topic.

[C. Carlüs Xheraltescù]

I don't think we should grant the unelected Cunstavál any more power than is absolutely necessary.

[Owen Edwards]

No objections, but one comment and one question:

1) I assume that the constitution of a province counts as "law" in terms of what Article XVI requires for the establishment of inferior courts.

2) Presumably Fiova will run its provincial elections separately from the Kingdom's, as permitted by Article XVII? (Incidentally, the fact that provincial elections can be separate allows, in fact, a provincial constitution to be proclaimed by the King or Constable which does not provide for elections or democratic assembly, and the Covenant of R&F does not guarantee democracy - you could have a dictatorship, Miestra!)

[C. Carlüs Xheraltescù]

Given that legislative power rests with the General Assembly of all citizens, I'm not sure what you mean with point 2.

[Owen Edwards]

"3. All elections in Fiôvâ are carried out by secret ballot and by principles of proportional representation."

So whilst there will be no legislative elections under this proposal, if there ever were provincial elections they would by necessity be done privately (unless national law had changed).

[Miestrâ Schivâ, UrN]

The Capitán will be elected in a secret ballot.

Carlüs: sadly I don't think we can remove the Cunstavál's right to sack the Capitán under the OrgLaw. (Can we?)