Miestrâ Schivâ, UrN
Seneschal
the new Jim Hacker
Posts: 6,635
Talossan Since: 6-25-2004
Dame Since: 9-8-2012
Motto: Expulseascâ, reveneascâ
Baron Since: Feudal titles are for gimps
Duke Since: Feudal titles are for gimps
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Post by Miestrâ Schivâ, UrN on Dec 15, 2013 23:50:20 GMT -6
Well, including you, Senator, that would make it the Four Horsepeople of the Talopocalypse.
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Sir C. M. Siervicül
Posts: 9,636
Talossan Since: 8-13-2005
Knight Since: 7-28-2007
Motto: Nonnisi Deo serviendum
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Post by Sir C. M. Siervicül on Dec 16, 2013 4:26:11 GMT -6
Tradition has always held that after 6 Clarks, the current Cosa is dissolved. It has always been this way. It is still this way. What has been involved in this is that the King would formally dissolve the Cosa, before the next General Election. A formal dissolution is a tradition perhaps more honoured in the breach than the observance. Back in 2005, in the landmark case of Erni v. Talossa (when recently-abdicated King Robert I attempted through a proxy to invalidate the citizenship of several recent immigrants, including myself), then-SoS John Woolley eloquently argued that "Talossan law never gets all anal about things like this." He further observed: The King is required, during the last month of each Cosâ, to issue a Writ of Dissolution (Organic Law, Article XIII Section 1). But in fact he never does so, and nobody ever charges him with a crime for not issuing the Writ; and the Cosâ is nevertheless held to have been Organically dissolved. The SoS won the case (obviously, seeing as how I am still a citizen), and the Uppermost Cort acknowledged the line of argument mentioned above by stating that it was ruling "in deference to the well-established Talossan tradition of deferring to how Talossans let things slide."
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Post by D. N. Vercáriâ on Dec 16, 2013 5:09:54 GMT -6
In the Republic, the Presidents used to (formally) dissolve the Chamber of Deputies, when elections were due, as required by the Constitution. They also summoned the new CoD after elections. So I can proudly say that we, the elected heads of the Republic, used to act more ceremonial than our royal colleague, the King.
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Post by Marti-Pair Furxheir S.H. on Dec 16, 2013 9:12:37 GMT -6
I have a minority opinion here...
At the moment when the King was supposed to have send the Writ of Dissolution to the SoS, the SoS was on Hiatus and the Acting SoS (me) had not yet taken his role.
It would be quite possible for the King to have MEANT to have sent the Writ, but ended up not knowing to whom to sent it officially.
If so is the case, perhaps the Writ was created and simply not sent to the SoS and thus, never published.
I am not saying this is what happened, but we should keep in mind that perhaps a Writ was issued and simply not published and as such, not hastely bring this to court.
Personally, I think we should amend the constitution to say that after the conclusion of the 6th Clark of a Cosa, an election is automatically called anyway if the King doesn't disolve the Cosa, but to keep the Writ in place should we need to dissolve it prematurely.
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Post by Antaglha Xhenerös Somelieir on Dec 16, 2013 10:26:17 GMT -6
In actuality all that happened is the King just forgot to issue a writ, and how about amending Org law to state that in the 6th and Final Clark of Cosa (unless a writ of dissolution has been issued before the 6th clark) a piece of legislation has to go through the Ziu, and signed by the king, (or the prime minister and the SOS in the even of the king being unable to do so, or maybe all or any two of the three), that states that the (*)th Cosa has been dissolved, with a clause saying that if the "document" has not been signed at least 24hrs before the next election, it shall be deemed to have been signed, therefore the Cosa Dissolved. Or something to that effect?
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Post by C. Carlüs Xheraltescù on Dec 16, 2013 10:32:35 GMT -6
That seems like a lot of bother for what might have the same result as to assume dissolution if no writ has been issued.
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Post by Antaglha Xhenerös Somelieir on Dec 16, 2013 10:38:01 GMT -6
However its at least it would mean that the cosa is legally dissolved, and in all honesty all it is, is one extra thing to vote for in the 6th Clark, so I don't see how its really a lot of work, also it is different to not having a writ issued, at least this would mean that there is more of a finality in the life of a cosa, other than a writ, which is not always issued, and there is Legal Documents passed to formally dissolve the Cosa. I think it just plugs the whole in Org Law, therefore the Cosa in the 6th clark constantly Dissolved. which can be easily traced
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Post by C. Carlüs Xheraltescù on Dec 16, 2013 10:41:56 GMT -6
If there's a clause which says that the Cosa's dissolution happens automatically if the King doesn't issue a writ, it will also have been legally dissolved.
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King John
King of Talossa
Posts: 2,415
Talossan Since: 5-7-2005
Knight Since: 11-30-2005
Motto: COR UNUM
King Since: 3-14-2007
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Post by King John on Dec 16, 2013 10:42:55 GMT -6
Well, rats. I regret, and I apologize for, my failure to issue the writ of dissolution. I agree that the failure doesn't invalidate the election, or even bring it into any question. When I became King, I started issuing formal writs, but I don't think it had ever been done before then. Give me a few minutes, and I'll post a (backdated) dissolution.
— John R
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Post by Sir Alexandreu Davinescu on Dec 16, 2013 11:00:53 GMT -6
We could simply ask the Tuisac'h (head of the Cosa) to remind the King, also. That's another easy solution.
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Post by Marti-Pair Furxheir S.H. on Dec 16, 2013 15:00:18 GMT -6
Well, rats. I regret, and I apologize for, my failure to issue the writ of dissolution. I agree that the failure doesn't invalidate the election, or even bring it into any question. When I became King, I started issuing formal writs, but I don't think it had ever been done before then. Give me a few minutes, and I'll post a (backdated) dissolution. — John R Dear King, Don't issue a backdated Writ. Instead, issue the properly dated Writ you didn't know where to send because there was a period with no clear SoS. Come on... I gave you a clear way out up above ;-)
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Post by Béneditsch Ardpresteir, O.SPM. on Dec 17, 2013 4:06:56 GMT -6
Well, rats. I regret, and I apologize for, my failure to issue the writ of dissolution. I agree that the failure doesn't invalidate the election, or even bring it into any question. When I became King, I started issuing formal writs, but I don't think it had ever been done before then. Give me a few minutes, and I'll post a (backdated) dissolution. — John R Dear King, Don't issue a backdated Writ. Instead, issue the properly dated Writ you didn't know where to send because there was a period with no clear SoS. Come on... I gave you a clear way out up above ;-) Time travel has been quite prevalent in Talossa...
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Post by Colonel Mximo Carbonèl on Dec 17, 2013 10:16:09 GMT -6
See we don't need a king.
Vote REPUBLICAN PARTY OF TALOSSA!
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