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Topics - Üc R. Tärfă

#21
I worked on this very large but also simple Amendment to the whole Organic Law starting from a single point.

PART ONE:

Our Organic Law is contradictory in a very central point of the structure of our institutions: the nature of the Ziu.

VII.1 clearly states: The Ziu is composed of the King, the Senäts, and the Cosa. Which is the correct interpretation of the legal theory behind one of the sources of our institutions: the concept of the Crown-in-Parliament in Commonwealth Realms that the Crown is "part" of the Parliament, and the legislative act is perfected by the royal assent given (or whitheld or assumed). We know our recent history on this point, and our OrgLaw does know a good job in providing how the Royal Assent works, but it's clear to everyone of us that it is inside this perimeter that our nationette works: the royal assent is part of the legislative process, the Crown ("Crown-in-Parliament") is the "third" part of the Ziu together with the Cosă and the Senäts. This mechanism of our legislative process is reflected in VII.1 and in the enacting clause used in many of our act (BE IT ENACTED by the King, Senäts and Cosa of Talossa in Ziu assembled that [...]) and in the general structure of the OrgLaw.

However, the literal text of some other sections use "Ziu" in opposition to King. For example VII.10 starts with Every bill which passes the Ziu shall be presented to the King before it comes into effect [...] which is an open contradiction with what stated in the opening of the very same article. It should be a bill which passes both Houses of the Ziu shall be presented to the King.

This Amendment do at first just that: reconcile the legal theory with the literal text of the Organic Law.

Then as an evolution of the above I made a distinction between the Crown, as the legal concept of the royal powers and prerogatives, and the King, the person which hic et nunc exercises the royal powers and prerogatives of the Crown. This doesn't change anything in how our Organic Law, our Kingdom works, but it does give to our basic law a better and more solid, I hope, legal theoretical structure.

And while I was browsing all the sections of the OrgLaw I took the opportunity to reorder some sections in a more logic hierarchy, correct some redundancies and minor contraddictions that have accumulated over the years.

PART TWO:

I did some very very limited and small alterations, , as a logical consequence of the above. They are limited and nothing, I think, revolutionary. Just few drops of oils in our gears. I'd like to share and debate with you: they are highlighted in yellow in the text to better distinguish them from the other described above.

I do have opinions on other part that I'd like to propose a change, but I restrained myself in this Amendment.

I want this to be only a layer of "make up" on our OrgLaw and not a change in how our Nation works.

PART TWO and a half:

I tried to make all references "gender neutral".

PART THREE:

Glheþinar. El glheþ is the most precious jewels in our Nation, what I did it's simply to enrich the Organic Law with a simple concept: every time an institution is cited in the text, the name in el glheþ and English are given, and then only el glheþ is used. Both languages are official, and both name have equal legal standing. We can, and in fact we mainly use the english one in our day to day business and in statutory laws (with some exceptions like Seneschal for example), but I strongly believe that our basic law should make a better use and display of el glheþ because... it's cool! And we all should be proud of it.

In this file you can se both text compared (with differen coulours to higlight alterations) and a small commentary on the right.: I give it to the Nation and put this in the Hopper not in the form of bill - at the moment - to have, I hope, a debate a frank exchange of opinions. May be you can find parts that I missed.

Ün amendamaintsch per standardiçar el Ziu es las relaziuns intra els pevaren del Regipäts, per glheþinar las istituziuns es altruex chinxhen minors.
#22
El Glheþ Talossan / Requestă da membrità
February 12, 2023, 05:01:27 AM
As a former member of CÚG I respectfully submit my request of membership.
#23
WHEREAS Organic Law § XI.8 enumerates the organically protected rights of Talossan citizens;

WHEREAS el Lexhatx § A.10 currently reads «Gay Talossans are hereby accorded all the rights of their heterosexual counterparts. This simply means that the rights and responsibilities associated with property, marriage and adoption apply to all Talossans equally. Gay Talossans may not be discriminated against in any way on the basis of their sexuality with regards to any activities within the Kingdom and its territories, including employment, Government operations and military service. This law gives no preference to any Talossan on the basis of his/her sexual identification, but simply renders such a consideration absolutely irrelevant.»;

WHEREAS that "equality clause" could be paradoxically felt nowadays discriminatory with its only references to "gay" and "sexuality", and outdated language as "sexual identification";

WHEREAS although in October 1991 it was groundbreaking, thirty years later its language doesn't reflect anymore the evolution in civil rights and the cultural progress made by societies and it desperately needs an update;

WHEREAS el Lexhatx § A.11 currently reads «Marriage is a civil right, guaranteed to all consenting citizens of proper age regardless of their sex or sexual orientation. Any sacredness of marriage is between the parties involved and is a strictly personal issue. The Kingdom recognises any and all form of marriage or legal union between two persons that fall under this definition, hereby re-asserting the rights given to its citzens by the Organic Law; and provides Talossan Invincible Moral Support to those who are seeking to have the laws of their country reflect the far more progressive laws of Talossa.»;

WHEREAS also the language of that section could be updated, more effectively linked with the "equality clause" and Organic Law § XI.8 and simplified;

WHEREAS that section originally adopted in 2004 and amended in 2016, has provided for «Talossan Invincible Moral Support to those who are seeking to have the laws of their country reflect the far more progressive laws of Talossa» and so it's necessary to keep «the far more progressive laws of Talossa» to be progressive;

AND WHEREAS the tenth and eleventh section of Title A of el Lexhatx could be more effectively reworded to better reflects today environment and their application broadened to the more extended enumerations of protected rights provided in Organic Law § XI.8;

BE IT ENACTED by the King, Cosă and Senäts in Ziu assembled that el Lexhatx § A.10 and A.11 be amended to read as follows:

Quote10. All citizens have equal social dignity, are equal before the law and may not be discriminated against in any way or given preference on the basis of their sex, gender, sexual orientation, gender identity, race, language, religion, political opinion, personal and social conditions with regards to the enjoyment of any right recognized by the law and the discharge of the duties inherent in those rights and to any activity within the Kingdom and its territories.
10.1 Marriage is a civil right, guaranteed to all consenting citizens of proper age. Any sacredness of marriage is between the parties involved and is a strictly personal issue. The Kingdom recognises any and all form of marriage or legal union between two persons, unless they are consanguineous up to the fourth degree of relationship, that fall under this definition.
11. The Kingdom re-asserts the rights given to its citizens by organic and statutory laws, and provides Talossan Invincible Moral Support to those who are seeking to have the laws of their country reflect the far more progressive laws of Talossa.

Uréu q'estadra så:
Üc R. Tärfâ (MC, FREEDEM)


EDIT 2023-02-08: § 10 in the proposal edited as in this post. Below follows the original text:

Quote10. All citizens have equal social dignity, are equal before the law and may not be discriminated against in any way or given preference on the basis of their sex, gender, sexual orientation, gender identity, race, language, religion, political opinion, personal and social conditions with regards to any activity within the Kingdom and its territories. All rights and responsibilities deriving from and recognized by the law shall apply to all citizens equally.