Talossan Version/La Verziun Talossan
La Scriuerïa d'Abbavilla
The men and women of Talossa,
seeing plainly the need to constitute a greater and more perfect,
indissoluble federation,
and having been consulted in convention and referendum, do call upon
His
Majesty
the King to proclaim
this new Organic Law for the
Kingdom of Talossa:
WE, ROBERT I, by the
grace of God, King of Talossa, etc., etc., etc., conscious of the rôle
conferred upon
Talossa by history, ever
mindful of our inexplicable and inextricable connexion somehow to Berbers,
moved by the explosive
progress our modern nation has made since opening its doors to the world; 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; 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 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
1997
Organic Law
of the
Kingdom of Talossa
as last amended on
14 July 2009
Article I: Declaration of Independence
I, Robert I, His Royal Me, proclaim the
Kingdom of Talossa
to be an independent unit in the master plan of World Singular
Secession. In doing so, I am seceding from the United
States of America. (Promulgated 26th December 1979)
Article II: 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 nationbuilding.
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. The
territory of the Kingdom 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.
Any lands or islands that are formed or that may appear in Talossa's
territorial waters, in whole or in part, shall form an irrevocable part of the
national territory.
Section 5.
The capital of the Kingdom is Abbavilla.
Section 6.
The sole historic and national language of the entire Talossan
people is the Talossan language (el glheþ Talossán). The Cosâ and Government
may make provision to conduct their affairs in such language as they shall
determine. The National Language shall be protected, defended and developed by
the Comità për l'Útzil del Glheþ, which is a private council subject to its own
rules, under law.
Section 7.
The National Flag of Talossa is the green and red horizontal
bicolour, as adopted on 2 March 1981. The green stands for the Monarchy and its magnanimity; the red for
the people and their tenacity. The flag is to be flown inverted during times of
declared war.
Section 8.
The Coat of Arms of Talossa shall exist in two forms: the Lesser
State Arms and the Greater State Arms. The Lesser State Arms is thus blazoned:
"Argent the Chinese Character 'Ben' meaning energetic Sable. Surrounding
the Escutcheon an Annulet Azure fimbriated Or bearing the words 'Regipäts Talossán Kingdom * 26.12.1979 *' Or. For the Crest a Royal Crown
Proper." The Greater State Arms consists of the Lesser State Arms with the
following supporters and base: "Two Talossan Squirrels Proper standing
upon a Ribbon Argent fimbriated at the chief Vert and at the base Gules bearing
the motto 'Miehen Huone on Hänen
Valtakuntasna'".
Either form of the Coat of
Arms of Talossa may be used for official and patriotic purposes.
Section 9.
The National Anthem of Talossa
is "Chirluschâ àl Glheþ." Its English translation, "Stand Tall, Talossans,"
shall have equal legal status. Words and music shall be determined by law. The
patriotic songs "Tusk" by Fleetwood Mac and "Ein Feierlichgesang"/"Dallas Pätsilor" by John
A. Jahn shall have
constitutional status as patriotic songs. The Government shall take steps
to promote, celebrate, and preserve Talossa's indigenous musical heritage.
Section 10.
The National Motto of Talossa is "Miehen Huone on Hänen Valtakuntansa,"
translated "A Man's Room is his Kingdom."
Article III: 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. The Heir to
the Throne shall be styled Prince (or, if female, Princess) of Prospect.
Section 2.
The King is the symbolic head of the nation. The nation democratically grants
the King and his successors certain Royal Powers: The right to declare national
holidays, grant titles of nobility, make the annual Speech From the Throne on
the 26th of December (or at other times when events warrant), to veto bills (or
Prime Dictates), to issue Writs of Dissolution and Warrants of Prorogation for
the Cosâ, to grant pardons and commute sentences, to confer awards and
decorations, to appoint the Seneschál after elections, and to appoint
Governors of Territories upon the advice of the Seneschál.
Section 3.
The historic and official title of the King of Talossa is:
"__________ (name), by the Grace of
God, King of Talossa and of all its Realms and Regions, King of Cézembre,
Sovereign Lord and Protector of Pengöpäts and the New Falklands,
Defender of the Faith, Leader of the Armed Forces, Viceroy
of Hoxha and Vicar of Atatürk, Founder of the Great Nation of Talossa."
The title shall, along with the Royal dignity, pass to the King's successors.
However, because the nation itself owes its existence to His Majesty, Robert I,
King of Talossa, the phrase "Founder of the Great Nation of Talossa" shall not
pass but shall appertain solely to His Majesty King Robert I.
Section 4.
The Throne shall be inherited by the descendants of His Majesty, John I, King of Talossa. The present Royal Family is styled El Ca Lupul (The House and Dynasty of Lupul). 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, back to King John.
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 5.
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 6.
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 7.
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 the Organic Law, treason, bribery or
other high crimes, the nation may remove the King from the Throne. The Cosâ
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 4, above.
Section 8.
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 9.
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 10.
During the minority of the King, if the Regency for any reason be vacant, the Uppermost Cort shall be a Council of Regency.
Section 11.
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 12.
Among the first acts of his reign the King shall name a Privy Council (Sabôr, in Talossan) consisting of several Privy Councillors (called Guaïrs in Talossan) with whom he shall consult whenever possible on all matters of grave importance to the Kingdom, and whose duty shall be to offer the King the benefit of their individual and collective wisdom and advice. The King shall take care to include in this council those citizens with the longest and deepest connections to the ongoing historical life of the Kingdom, in particular those who are personally familiar with the homeland itself. Should at any time they deem it wise or necessary to do so, Privy Councillors .acting alone or in concert with fellow councillors . may publicly issue a "Letter to the King" about any matter of grave importance to the Kingdom. The Privy Councillors shall serve at the pleasure of the King. Privy Councillors shall be entitled to add the honorific initials "GST" to their signatures, for "Guaïr del Sabôr Talossán."
Article IV: Election to 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.
Section 2.
Elections for the
filling of places in the Senäts shall be conducted by the Secretary of State in
accordance with election law. These elections shall be conducted simultaneously
with general elections to the Cosâ.
Section 3.
Each time the Cosâ shall
be dissolved, there shall be an election for the Senäts in two provinces. For
purposes of elections to the Senäts, the provinces shall be listed in the
following fixed order: Mussolini, Vuode, Atatürk, Cézembre, Florencia, Maricopa,
Maritiimi-Maxhestic. Following the passage of this Act, the next elections for
the Senäts shall be held in the two provinces for whom the greatest amount of
time has elapsed since the last regular election for the Senäts.
Section 4.
Except as otherwise provided in the Organic Law, any Talossan who may vote may be elected or appointed to the Senäts for any 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 simultaneouly hold more than one seat in the Senäts.
Section 5.
Political parties may
"endorse" individual candidates for the Senate, one candidate per
party per province. In the event that a voter does not specify an individual
candidate for Senate on his ballot, his vote for a political party shall apply
to the candidate endorsed by that party. A voter may always vote for a
different Senate candidate than the one endorsed by the party of his choice, by
indicating said candidate on the ballot.
Section 6.
The candidate receiving
a plurality of the vote shall be declared the winner. In case of a tie between
two or more candidates, the executive officer of the province shall select one
of those candidates to be the Senator.
Section 7.
Voting is not secret. As
soon as one's vote is cast, it becomes public knowledge.
Section 8.
If a voter returns more
than one vote, the first one cast is counted and the others are ignored.
Section 9.
When the Election
Deadline has passed, a final tally of votes is publicly announced. Any votes
arriving after the Deadline, even if they were posted before the Deadline, are
null and void.
Section 10.
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 11.
Senators may be removed
from office by the Uppermost Cort, for criminal activity or for mis-, mal-, or
non-feasance.
Article V: Composition of the Senäts
Section 1.
There shall be one Senator from each Province.
Section 2.
No senator shall never be required to vacate his place during his term
of service, due to a change in the qualifications of Senators.
Section 3.
The King shall not under any circumstances be eligible to be
elected or appointed to a place in the Senäts, and shall never be allowed to
enter the Senäts, unless he is cited to testify in a Senate commission.
Section 4.
Senators shall as far as is practicable be citizens of the Province
in which they were chosen. Qualified citizen from other provinces may receive
votes in an election only if no votes have been received on the sixteenth day
of the election period.
Section 5.
A Senator vacates his seats if he fails to vote on two consecutive
Clarks, or if he resigns from office, loses his citizenship or dies.
Section 6.
The Senäts shall have equal powers with the Cosâ in respect of all
proposed laws except that:
- bills appropriating revenue or moneys shall not
originate in the Senäts:
-
the Government shall require the confidence of
the Cosâ only, to remain in office.
In the event of the Senäts twice rejecting
a bill appropriating revenue or moneys, the King may call a joint sitting of
both houses of the Ziu which shall vote on the bill as one body. In voting in
the joint sitting each member of the Ziu shall vote only once. The bill shall
be passed in the joint sitting if it receives the support of a majority of
members of the Ziu. If the votes are equal, the bill shall not have passed. If
the bill appropriating revenue or moneys is not passed in the joint sitting,
the Cosâ shall be dissolved by the King and go to a general election. Bills for
the imposition or appropriation of fines or other monetary penalties, or for
the demand or payment or appropriation of fees for licences or services, shall
not be taken to appropriate revenue or moneys.
Section 7.
The Senäts may also create Senatorial commissions according to
guidelines which are to be defined by law.
Section 8.
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.
Section 9.
Before or during any absence of the Mençéi, the Senäts may choose a
senator to perform the duties of the Mençéi during such absence.
Section 10.
Questions arising in the Senäts shall be determined by a majority of
votes, and each senator shall have one vote. The Mençéi shall in all cases be
entitled to vote; and when the votes are equal the question shall not have
passed.
Section 11.
Section 10 takes precedence over bills requiring two-thirds of the Senäts
to vote such as amendment to the organic law, with the exception of:
- bills changing sections of articles regarding
the Senats
- bills changing sections of the article
"Amendments to the Organic Law"
- bills changing sections of the article
"Territorial Subdivisions"
- bills creating new provinces or changing the
number of provinces in any way which always require two-thirds of the Senäts.
Article VI: Political Parties
Section 1.
Political parties may operate under rules of their own design. Each
party must also abide by the appropriate principles herein enacted in this
Organic Law.
Section 2.
Only "registered" political parties may obtain seats in
the Cosâ. Parties which win votes but are not registered may not assume their
seats in the Cosâ until they register. A party may register at any time with
the Secretary of State as follows: First, the party must have at least one
member designated as its "Leader." Second, the leader must provide
the Secretary of State with a 50-word (or less) statement of the general aims
and views of the party. Third, the Secretary of State may request from all
parties a fee, to be set by law, to cover the cost of the election. This fee
shall be uniform for all parties.
Article VII: Elections to the Cosâ
Section 1.
The Cosâ is the national legislative assembly and is elected by
universal popular vote by all adult citizens (age 14 and over).
Section 2.
The Cosâ shall be the sole body elected by the whole of the nation.
It shall be elected by universal ballot after each dissolution.
Section 3.
All elections to the Cosâ are to be conducted during a period of
one calendar month, from the fifteenth day of the current month until 7:30 p.m.
on the fourteenth day of the following month. The first day of this period (the
fifteenth) is called the "Balloting Day" and the last day (the
fourteenth) is called the "Election Deadline."
Section 4.
During the election period as
defined in Section 3, the Secretary of State shall in every particular conduct the
election according to the election laws in such a manner as a) affords to every
citizen the opportunity to cast a vote for the party of his choice, and b) does
not discriminate against any party or individual in the collection or tallying
of votes. In the absence of a current election law, the Secretary of State
shall conduct the election according to the rules under which the most recent
general election were conducted.
Section 5.
The Secretary of State must make public the exact procedure by
which he will comply with Section 4, no less than fourteen days before the
Balloting Day.
Section 6.
Voting is not secret. As soon as one's votes are cast, they become
public knowledge.
Section 7.
If a voter returns more than one vote, the first one cast is
counted and the others are ignored.
Section 8.
When the Election Deadline has passed, a final tally of votes is
publicly announced. Any votes arriving after the Deadline, even if they were
posted before the Deadline, are null and void.
Section 9.
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.
Article VIII: Composition of the Cosâ
Section 1. The Cosâ is composed of 200 seats, apportioned among political
parties based on their performance in the General Election.
Section 2.
Based on the final vote tally, 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.
Each party shall receive a whole number of
seats in the final tally. In the event of a single seat being divided among two
or more parties mathematically, the party with the highest number of total
votes will be used, and in case of a tie, percentile dice will be used to
determine a single owner for the divided seat, with chances proportional to the
percentage of the vote received.
The Secretary of State shall employ
whatever mathematical formulae and calculations in the apportionment of seats,
as will best reflect the intentions of this Act. The Uppermost Cort shall be
the final judge in case of mathematical disputes.
Section 3.
Seats won by each party shall be divided by that party among its
own members and supporters as it sees fit, with the proviso that each Member of
the Cosâ may hold no more than thirty seats.
Section 4.
Each person holding a seat is a correspondent representative known
as a "Member of the Cosâ" (MC). MCs may not be removed from office
except by a two-thirds vote by the Cosâ 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. Any seats left unassigned at the end of the first Clark of the
government are considered vacant.
Section 5.
Each MC will represent, for ceremonial purposes, a particular
geographical "constituency." The exact procedure will be determined
by law.
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 Cosâ. However, neither a reigning King, nor his Consort, nor a Regent during his regency shall hold any seats, either in the Cosâ or in the Senäts,
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.
Article IX: The Secretary of State, the Hopper, and the Clark
Section 1. The Seneschál shall appoint a Secretary of State to an indefinite term. He may be removed and replaced by law. The Secretary of State shall supervise and organize the legislative business of the Ziu. He 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." He may delegate another citizen to act as Deputy Secretary of State, who will execute the powers and duties of the Secretary's office, while the Secretary is unavailable or unable to do so. This person shall be appointed and dismissed by the Secretary on whim.
Section 2. Any Member of the Cosâ, or Senator, or the King, 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.
Section 3. Except as provided in Article IX: Sec. 7, a bill is not eligible to be voted on by the Ziu and cannot be published in the Clark unless it was first submitted to "The Hopper" as a legislative proposal. And except as provided in Article IX: Sec. 8, only legislative proposals that are in "The Hopper" and have been there for at least ten days can become eligible for publication in "The Clark" as bills. Legislative proposals that are no longer in "The Hopper" cannot become bills.
Section 4. The Secretary of State is under no obligation to create a permanent record of legislative proposals in "The Hopper." The Secretary of State shall remove legislative proposals from "The Hopper" at the request of the author. If a legislative proposal has remained in the "The Hopper" for more than 59 days, the Secretary of State may remove it.
Section 5. A legislative proposal is submitted t to the Secretary of State for publication in "The Hopper." A legislative proposal thus submitted should be followed by the words "Uréu q'estadra så" (or "Proposed by") and the name of the author and the capacity in which the author is offering the proposal. The Ziu may regulate how authors identify their capacity. A legislative proposal may be submitted by multiple sponsors, but the legislator whose name is listed first after the words "Uréu q'estadra så" (or "Proposed by") is considered the author of the legislative proposal. The Secretary of State may refuse to accept legislative proposals that are not clearly typed or word-processed.
Section 6. After his legislative proposal has spent ten days in "The Hopper," the author may submit it.with or without modification or amendment.as a bill to the Secretary of State according to the procedures specified in Article IX: Secs. 8-12. The Secretary of State may, however, refuse to accept the bill if he finds that the bill is so substantially different from its original form as a legislative proposal that it constitutes a significantly different proposal. Upon such a finding, the bill is automatically returned to "The Hopper."
Section 7. 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. The Prime Minister's Prime Dictates are exempt from all provisions relating to legislative proposals and "The Hopper."
Section 8. For the first Clark to be published following an Election Deadline as defined in Article VII: Sec. 3, only legislative proposals that are in "The Hopper" and have been there for at least five days can become eligible for publication in "The Clark" as bills.
Section 9. Bills shall be submitted before the twenty-first day of the month, to the Secretary of State for consideration by the Ziu. Bills received after the twenty-first day of the month shall be published in the next Clark or postponed for one Clark, at the Secretary of State's discretion.
Section 10. A bill may be proposed by submitting it to the Secretary of State. A bill thus submitted should be followed by the words "Uréu q'estadra så" (or "Proposed by") and the name of the author(s) and his/their party and home province. The Secretary of State may refuse to accept bills that are not clearly typed or word-processed.
Section 11. If any bill seeks to amend, change, or repeal any Article of the Organic Law or any Law, the bill must specify exactly the Law(s) or Article(s), which it seeks to amend, change, or repeal. The Secretary of State may refuse to accept bills that do not comply with this provision.
Section 12. 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 on that day.
Section 13. Notwithstanding Sections 2 and 5 of this Article, the Ziu may make laws regulating the number of bills a Member of the Cosâ or a Senator may submit for one Clark without the need to amend the Organic Law.
Article X: Passing 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 Cosâ.
Section 2.
The legislative business of the Ziu is supervised by the Secretary
of State. At the start of every month the Secretary of State shall make a copy
of the most recent Clark available to all the members of the Cosâ (MCs) and
senators. Every MC and senator shall vote on every bill in every Clark (by
post, telephone, or electronic device), 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.
Section 3.
An MC and senator must vote "për" (to a bill he
approves), "contrâ" (to a bill he disapproves), or "austanéu"
(for an abstention) on every bill. An MC's or senator's votes must be cast on
time in order to be valid.
Section 4.
After the close of Ziu business, the Secretary will make known to
the press as soon as possible the results of the votes. The next Clark will
publish a list of who voted for what bill, and which bills won or lost, and by
how much.
Section 5.
Except where otherwise provided in this Organic Law any bill which
receives more "për" votes than "contrâ" votes in the Cosâ
and the Senäts is considered to have been adopted by the Ziu. 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 6.
Every bill which shall have passed the Ziu shall, before it becomes
a law, be presented to the King.
The King may sign such a Bill, in which case it shall immediately become law; or he may veto the Bill, in which case it shall be returned, with his objections, to the Ziu, which shall proceed to reconsider it in the next Clark. 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.
If, after such reconsideration,
two-thirds of the Cosâ shall agree to pass the bill, with the approval of the Senäts,
or the part of the bill objected to, it shall become a law over the objection
of the King.
Section 7.
(Repealed by amendment)
Section 8.
The Ziu is prohibited from passing ex post facto laws and Bills of
Attainder, or from concluding military capitulations or surrenders.
Article XI: The Seneschál
Section 1.
The head of the Government, or Prime Minister, shall be called, and
is in this Organic Law referred to as, the Seneschál, or "PM." Any Talossan
is eligible to be Seneschál; however, the King of Talossa may never be Seneschál.
Section 2.
The King appoints the Seneschál. If a single party occupies a
majority of the seats in the Cosâ, 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 Seneschál 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 Cosâ. The King must appoint a Seneschál
within one week of the end of elections, or announce the continuation of the
incumbent in office.
Section 3.
The Seneschál shall be sworn in by reciting the historic Oath of
Office in the Talossan language, if possible in the presence of a copy of the
historic book, The Loom of Language. He shall raise his right hand and take the
Oath verbally in the presence of the King or a member of the Uppermost Cort,
either in person or over the phone. In place of reciting the entire Oath he may
simply affirm by the word 'üc' his intention to abide by its terms. The
historic Oath of Office is as follows:
"Eu afirm, solenâmînt, që eu, [nôminâ],
cün fidálità, rompliarhéu l'ôifisch da Sieu Maxhestà së Seneschál del Regipäts Talossán,
és zefençarhéu, àl miglhôr da v'aválità, la sigürità del Estat Talossán. Så
viva el Regeu!" (Translation: I do solemnly affirm that I, [name], will
faithfully execute the office of His Majesty's First Minister of the Kingdom of
Talossa, and will to the best of my ability defend the integrity of the Talossan
State. Long live the King!)
Section 4.
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 may not be refused. The Seneschal may issues Speeches to the Nation in writing, declare war pending the approval of the Cosa, write treaties pending the approval of the Cosa, expedite the Ziu's consideration of legislation, and issue Prime Dictates.
Section 5.
Prime Dictates (PD's) are public declarations which affect government
policy and have the force of law. They take effect upon their countersignature
by the King, function as laws for all purposes, and may be repealed by a
majority vote in the Cosâ. If a Prime Dictate is vetoed by the King, the Cosâ
may introduce the text of the PD as a regular bill and, if it receives
two-thirds of the vote, it becomes law over the King's objection. A PD may
never be used to amend the Organic Law. PD's shall be published at the earliest
possible opportunity in the Clark.
Article XII: The Government (Cabinet)
Section 1.
The King appoints and dismisses members of the Government
(Cabinet), and their subordinates, on the advice of the Seneschál. The
Government consists of the Seneschál, the Distáin, the Foreign Minister,
Defence Minister, Immigration Minister, and Minister of Stuff. Various other
ministries may also be appointed as the Seneschál sees fit.
Section 2.
Cabinet Ministers are responsible to the Seneschál, whom they
advise and from whom they receive direction, and exercise state power with his
consent.
Section 3.
The Foreign Minister shall be in charge of all official
correspondence between the Kingdom and foreign powers.
Section 4.
The Defence Minister shall be in charge of the armed and moral
forces of the Kingdom during peacetime and during times of declared war. During
the latter periods, he is to be referred to as "War Minister."
Section 5.
The Immigration Minister shall supervise the immigration of new
citizens into Talossa, in consultation with the Uppermost Cort.
Section 6.
The Minister of Stuff shall prepare, at the behest of the Cosâ, the
Seneschál, or on his own initiative, informative texts about the Kingdom of Talossa.
Section 7.
Beyond these general guidelines, the duties of Ministers will be
set by tradition and expediency.
Section 8.
The King shall appoint a member of the Government to be Distáin
(Deputy Prime Minister) on the advice of the Seneschál. The Distáin shall act
in the place of the Seneschál if the latter should die, or be unable to fulfil
his duties due to medical reasons or absence from the country, until a new Seneschál
shall be appointed.
Section 9.
The King shall appoint a Member of the Cosâ to serve as Speaker of
the Cosâ (Talossan: el Túischac'h), on the advice of the Seneschál for the
upcoming term. The Speaker shall preside, direct and maintain order at Living Cosâs
in an unbiased fashion. He is considered the honourable President of the Cosâ
and shall be awarded all due veneration when serving as such.
Article XIII: Duration of the Cosâ and the
Government
Section 1.
Duration of the Cosâ. The Cosâ convenes two weeks after general
elections, on the first day of the month, to coincide with the publication of
the first Clark. Its term is roughly six months, each month coinciding with a
Clark. However, the Seneschál may insert between any two Clarks, or after the
sixth Clark, a "month of recess" in which no Clark is published and
no Cosâ or Senäts business is conducted. No more than one "month of
recess" may be declared during any one term of office. During its last
month the King shall issue a Writ of Dissolution ending its term. At the time
the Cosâ is dissolved, all its members shall resign, but any Members holding
positions in the Government may remain in those positions till the outcome of
the election is resolved.
Section 2.
Warrant of Prorogation (exception to the preceding section). At any
time after elections, but before the first Clark of the new Cosâ has been
published, the King may issue a Warrant of Prorogation on the advice of the
incoming Seneschál. Such a Warrant quashes the publication of the first Clark
of the new Cosâ and allows the Seneschál one further month in which to form a
government or prepare his government's legislative agenda. If a Warrant of
Prorogation is issued, the incoming government loses one month of its six-month
term, and may only issue and vote on a maximum of five Clarks before new
elections are called.
Section 3.
Early Dissolution of the Cosâ. The King may issue Writs of
Dissolution to dissolve the Cosâ before its term has expired. The Seneschál may
appeal for such a Writ of Dissolution, and the King may under no circumstances
refuse such an appeal. 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.
If there is a Clark being voted on that month, all voting on that Clark may be
completed before the Writ takes effect. The effect of a Writ of Dissolution is
to dissolve the Cosâ and to call new elections.
Section 4.
Duration of the Government. Members of the Government take office
when appointed by the King and leave office when dismissed by the King. Such
appointments and dismissals are regulated elsewhere in this Organic Law.
Section 5.
Vote of Confidence. The Clark must contain, in every edition, a
Vote of Confidence. This reads as follows: "Do you wish the current
Government to continue in its term of office?" Each MC must answer this
question in his Clark ballot every month, either with a "yes" or a
"no." If at the end of any month the "no" vote outnumbers
the "yes" vote, the King shall dissolve the Cosâ and call new
elections.
Article XIV: Living Cosâ
Section 1.
The Cosâ may hold Living Cosâs (live parliamentary meetings) by
law. To do so, a bill must be presented to the Cosâ naming the specific month
in which the event is to take place, and pass the Cosâ by a two-thirds vote.
Section 2.
The exact date and location of the Living Cosâ shall be set by the Seneschál
after consultation with all relevant parties. All members must receive two
weeks notice of the date of the Living Cosâ, and an honest attempt must be made
beforehand to schedule a date for the meeting that as many MCs as possible can
attend.
Section 3.
The Seneschál may, if events warrant, issue a PD authorizing a
Living Cosâ in the following calendar month. Such a PD may be vetoed (in
addition to normal means) by a formal protest to the Secretary of State by
Members of the Cosâ comprising one-third or greater the number of elected seats
in the Cosâ. When setting the date of the Living Cosâ by PD in this fashion,
the Seneschál must abide by the conditions set down in the preceding Section.
Section 4.
Members who cannot attend will not be denied the right to vote on that month's
Clark. They may send their votes to the Secretary of State by any means
feasible, so that they can be announced at the Living Cosâ. A member may, in
writing, delegate his authority to vote (temporarily transfer his seats) to
another person who can attend the Living Cosâ, but no individual may hold
more than thirty seats, counting both proxy and permanently assigned seats,
for purposes of the Living Cosâ. The Ziu may provide by law for quorum
requirements, and for attendance via telephone, videoconference, or other
remote means.
Section 5.
Votes presented to the Secretary of State after the Living Cosâ
will not be counted in the final tally. The final tally of votes on all bills
is taken at the end of the Living Cosâ. This article takes precedence over any
other provision to the contrary.
Section 6.
New bills, or amendments, may not be presented at the Living Cosâ.
No bill not published in the Clark may be debated. Clarks will be published on
schedule as usual.
Section 7.
Senators shall be permitted to participate in Living Cosâ debates on the same terms as MCs, but may not delegate or exercise proxy votes. During a Living Cosâ month, the Senäts shall vote normally (as specified in Section 2 of Article IX), except that senators must submit their votes to the Secretary of State by the time of the final tally specified in Section 5 above.
Article XV: Amendments to the Organic Law
Section 1.
An amendment to the Organic Law may be made by proclamation by the
King where so authorized by:
- A vote of two-thirds in both chambers of the Ziu,
and
-
A vote of a majority of citizens eligible to
vote in a referendum, to be held as soon as practicable after the vote in the Ziu.
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 only be passed with the approval of a
majority of electors in that province.
Section 2.
The Covenants of Rights and Freedoms, being sacred and necessary to the defence of our free society, are entrenched provisions of this Organic Law. They may only be amended if the referendum required by Section 1 passes with a two-thirds majority.
Article XVI: The Courts
Section 1.
The judicial power of Talossa shall be vested in one Cort pü Înalt,
in English the Uppermost Cort, and in such inferior courts as the Cosâ may from
time to time establish. The judges, both of the Uppermost and inferior courts,
shall be elected by the Cosâ and shall hold their offices for life (or until
resignation), and may only be removed by a two-thirds vote in the Cosâ with
approval by the King and the Senäts.
Section 2.
The Cort pü Înalt (Uppermost Cort) shall consist of three Justices.
The three members of the Uppermost Cort are co-equal for all
purposes. However, the Justice which has served on the Cort for the longest
overall period of time is designated ceremonially as "Senior
Justice." Other, inferior courts, shall consist of as many judges as are
established by law. All courts must have an odd number of judges.
Section 3.
Neither a reigning King nor his Consort, nor a Regent during his regency, nor the Secretary of State, nor the Seneschal shall be a Justice of the Uppermost Cort or a judge in any inferior court that the Ziu may create. Nor shall any Senator or Member of the Cosa be a Justice of the Uppermost Cort.
Section 4.
In the event of a vacancy, either in the Cort pü Înalt or in an
inferior court, the King shall nominate a replacement. The nominee shall be
approved by a two-thirds vote in the Cosâ with the consent of the Senäts and
shall then take his seat for life upon the court.
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. If one of the judges wrote the law, he
does not have to step down and designate a temporary replacement.
Section 6.
The courts shall consent to hear no case until presented with
written evidence by the Prosecution proving to a majority of court members that
a reasonable chance of obtaining a conviction actually exists. The courts, by
majority vote, may refuse to hear any case, in effect confirming the defendant's
(or status quo) position. The Uppermost Cort must supply any plaintiff whose
case it refuses to hear a written justification of such refusal. Because of
double jeopardy, a case dismissed may not be brought again.
Section 7.
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.
Section 8.
No court shall issue any authoritative decision without the fullest
opportunity for all its members to consider the case in question. However, a
single Justice of the Uppermost Cort may hear a case on his own if this is
acceptable to the other two members of the Cort. He shall be appointed to do so
by unanimous vote of the entire three-person Cort, and shall render a decision
on the case as if he were a majority of the whole Cort. His decision becomes
that of the Cort itself and may not be appealed.
Section 9.
In the event that a court discovers unclear or confusing language
in the Organic Law or in any law, the court may as part of its written decision
call upon the Ziu, or if relevant, the Provincial legislature to revise the
law. Until such confusion is resolved, 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.
Section 10.
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.
Section 11.
Cort decisions (and dissents) will be written up in the Clark if
the authors want them to, with due regard to brevity.
Section 12.
The courts shall have power to enforce penalties 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 13.
Any judge or justice may issue court orders or injunctions
according to the generally accepted principles of Anglo-American law. These injunctions
may order a party to perform his legal duty, or may prevent the enforcement of
a law which may be Inorganic (unconstitutional). Violation of an injunction is
treated as contempt of court. The final arbiter of the organicity of
injunctions is the Uppermost Cort of Talossa.
Section 14.
Justices and all other judges shall wear judge's wigs while
exercising judicial power.
Article XVII: Territorial Subdivisions
Section 1.
The metropolitan territory of Talossa is subdivided into Townships
(els Borgáis; census blocks), Parishes (els Pléivs; block groups), Cantons (els
Cantôns; census tracts) and Provinces. The Canton is the smallest possible
territorial subdivision which can be transferred from one jurisdiction to
another; Townships, Parishes, or smaller areas may not be separated from
Cantons or assigned to other Cantons.
Section 2.
All Talossan citizens shall belong to the Province in which they
live. 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.
Section 3.
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. However, a Talossan living in Talossa shall always be
assigned to the province in which he lives, even when provincial borders change
and his home is thereby "reassigned" to a different province.
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).
Section 5.
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 6.
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:
- 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 trade marks;
- Postal, telegraphic, telephonic, radio,
television, internet, and other like services;
- The defence of the Kingdom, and parts thereof;
- The control of the forces to execute and
maintain the laws of the Kingdom;
- Corporations formed under the laws of the
Kingdom;
- Immigration and emigration, naturalization and
aliens;
- Treason and sedition;
- The seat of government of the Kingdom;
- External affairs, including foreign trade,
commerce, borders and transportation;
- 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;
- Matters incidental to the execution of Federal
government, without prejudice to the inherent sovereignty of the Provinces;
- 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);
- Disputes and relations between Provinces;
- 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 7.
Where any law of a Province, concerning an area of power outlined
in Section 6, is inconsistent with a law of the Kingdom, the Provincial law
shall be invalid to the extent of the inconsistency.
Section 8.
All powers not vested in the Kingdom by this Organic Law shall be
vested exclusively in the Provinces.
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.
Section 10.
For purposes of this Organic Law, the Isle of Cézembre shall form
an inalienable part of the metropolitan territory of the Kingdom. It shall be a
single Province, subdivided into two Cantons, separated by the so-called Line
of Death as surveyed on 2 July 1986. Both Cantons are Talossan soil,
notwithstanding the French military occupation. These Cantons shall bear their
traditional names, Zone autorisée and Zone interdite.
Section 11.
Talossa's overseas colony, Pengöpäts Antarctic Territory, forms an
irrevocable part of the national patrimony and shall never be abandoned. It
shall be administered by a Governor appointed for an indefinite period by the
King on the advice of the Seneschál.
Section 12.
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.
Section 13.
No new province shall be constituted after the adoption of this
Organic Law unless said proposed province shall contain a citizenry comprising
at least 10 persons.
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.
Notwithstanding this section, all provinces
shall be guaranteed equal representation in the Senäts.
Article XVIII: Citizenship and Rights
Section 1.
Talossan citizenship is only acquired through organic (legal)
means. The exact procedure for naturalization shall be determined by law.
Section 2.
Residents of Talossan territory who are not Talossan citizens are
considered "Cestoûrs" (indigenous persons) and are not entitled to
participate in the political process of Talossa.
Section 3.
Any foreigner or Cestoûr who feels in his heart that he is Talossan
may acquire Talossan citizenship by following the procedures of the citizenship
law.
Section 4.
The former content of this section has been struck from the Organic
Law; the numbering of the sections of this article has been preserved.
Section 5.
If the Uppermost Cort shall at any subsequent time find any fraud
or dishonesty in a Citizen's original application for citizenship, including
his statements to the Cort or to Cosâ members; or if the Uppermost Cort shall
convict the Citizen for anti-Talossan activities, it may impose the penalty of
expulsion from Talossa. The King may commute such a sentence.
Section 6.
Any person, whose citizenship is denied, may reapply by undergoing
the entire procedure (minus any successfully completed portions) following the
next general election.
Section 7.
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
Minister of Immigration on or after their 14th birthday. Notification shall
consist of writing a "What Talossa Means to Me" Essay.
Section 8.
Talossan citizens may live within the country or abroad. This
distinction does not affect their legal standing or their civil or political
rights.
Section 9.
Talossans may voluntarily renounce their own citizenship. This may
be done by publicly issuing a written Declaration of Renunciation. It shall take
effect twenty-four hours following its acknowledgement by the Secretary of
State.
Section 10.
Talossans may also voluntarily renounce their citizenship through
intentional deliberate voluntary nonparticipation. This is defined as
deliberate refusal to vote in three consecutive elections for the Cosâ. If a
citizen wishes (for reasons of conscience) not to vote, he shall notify the
Secretary of State in writing indicating his intention, and this shall count as
a "vote" for purposes of this article. The King may grant clemency
(officially wiping any non-votes off the person's record) if it is clear that
the non-vote was unintentional or there were mitigating or extenuating
circumstances such as accidents or technical mistakes.
Section 11.
A Citizen who has voluntarily renounced his citizenship (in any
fashion) may petition the Uppermost Cort for a restoration of his citizenship.
The petition should contain a "Why Talossa Hasn't Meant That Much To
Me" Essay, explaining the reasons why he renounced his citizenship, and
indicating how he intends to participate in Talossa in future. The Cort shall
review the petition and may restore the person's citizenship by a majority
vote. The Cort may impose such legal penalties as it shall determine, as penance
for those people who renounce their citizenship and then return.
Section 12.
All appropriate information of all Talossan prospectives who have
been brought before the Uppermost Cort, all former citizens, as well as all
former citizens who are applying for restoration of their Talossan citizenship
shall be public knowledge. This shall be a duty of the Minister of Immigration.
Article XIX: Covenant of Rights and Freedoms
First Covenant.
The Covenant of Rights and Freedoms guarantee 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.
Second 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.
Third Covenant.
The government shall not restrict the free exercise of religion or
conscience in worship or conduct, nor shall any preference be given by the Cosâ
to any religious establishment. Religious services and rituals not in conflict
with law or public order are authorized.
Fourth 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 preference, age, religion, beliefs,
language, or any other physical or societal parameters of any kind whatsoever,
except as provided for elsewhere in this Organic Law. Separate consideration on
the basis of sex may only exist in cases of propriety, privacy and military
service.
Fifth 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.
Sixth 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.
Seventh 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.
Eighth 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.
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.
While upholding the sanctity of marriage, Talossa holds inviolable
the rights of all consenting adult citizens to manage their own private sexual
conduct. The rights of equality in marriage, and the right to termination of
marriage according to law, shall not be abridged.
Eleventh Covenant.
The right of any woman, during the first five months of her
pregnancy, to make a determination on the continuation of that pregnancy, shall
never be abridged; nor shall access to legitimate medical procedures connected
therewith be restricted by any private or public body.
Twelfth Covenant.
The right of citizens to end their own lives, or to determine the
circumstances of their deaths as much as is physically possible, whether
through living wills or assisted or unassisted suicide, shall not be abridged.
The lives of terminally ill or braindead persons shall not be artificially
prolonged against their wishes, or against the wishes of their families when
they are incapable of communicating, except in cases of ample cause.
Thirteenth Covenant.
Liberty consists of any action which is not detrimental to others,
and no right herein enumerated, or elsewhere recognised by the Cosâ, 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.
Fourteenth 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.
Fifteenth 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.
Sixteenth 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.
Seventeenth 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 XX: Referenda
Section 1.
Legislation may be enacted by the people through the Referendum.
The Cosâ may prepare referenda and submit these to popular vote, 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 Seneschál so chooses to authorize.
Article XXI: Status of the Organic Law
Section 1.
The Organic Law is the supreme law of the land. Any national,
provincial or territorial laws which violate its provisions are null and void.
Section 2.
The Organic Law will be ratified by a two-thirds "yes"
vote in a public referendum. Approval by less than two-thirds will result in
the non-ratification of the document, and Talossa will continue under the 1988 Constituziun
until such time as the people, by referendum, approve the Organic Law by a
two-thirds vote.
Section 3.
Upon ratification of this Organic Law, the Constituziun and all
laws contrary to the provisions of this Organic Law, or superseded thereby, are
instantly repealed. Other laws which are not in conflict with this Organic Law
shall remain in force.
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