[FOR DISCUSSION] PROPOSED CONSTITUTIONAL REFORM

Started by Miestră Schivă, UrN, April 18, 2021, 01:53:02 AM

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Miestră Schivă, UrN

If we hurry we can get this passed in time for the Coså election and elect a Praisideu!
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Article I — [Name and territory]
1.1
The name of the Province is la Provinçù Liveradâ da Fiôvâ, or in English, the Free Province of Fiôvâ.
1.2
The territory of the Province consists of two cantons in south-western Talossa, with the Manaweg as their western and southern border, named (from north to south) el Cantôn Cüféir (Cooper Canton) and Las Înaltàns Maxhéstici (LIM, Majestic Heights). Precise borders shall be those set by the Ziu.
1.3
The capital of the Province is the Mitchell Building in LIM Canton.

Article II — [Symbols]
2.1
The flag of the Province shall be as below:
    Fi flag.png
2.2
The motto of the Province shall be Desfisetz qualsëcosâ denâ (Dare Something Worthy).

Article III — [The General Assembly]
3.1
The supreme authority in in Fiôvâ is the General Assembly of all citizens. The Assembly shall be chaired by a Túischac'h elected by the Assembly.
3.2.
All debates and votes of the General Assembly are public except in the case of national or provincial security, or involving sensitive personal information.
3.3.
Unless otherwise stated in this Constitution, the General Assembly may set its own rules for making decisions, including a quorum for any decisions.


Article IV — [Provincial Executive 1]
4.1
Executive power in Fiôvâ is exercised by a Standing Committee, or Praisidíeu in the national language.
4.2
The Praisidíeu shall consist of 3 members, elected at large by all citizens, by secret ballot and by principles of proportional representation.  Precise details shall be included in law. The Praisideu shall choose a Chair who shall be given the honorable title of Capitán.
4.3
Elections for the Praisidieu shall occur simultaneously with every national Cosă election, or
earlier in case of a Vote of Confidence  or the Secretary of State declaring the Praisideu to be vacant. In these latter cases, the Secretary of State may choose a date for an earlier election, or failing that one may be set by resolution of the General Assembly.

Article V — [Provincial Executive 2: Praisideu and General Assembly]
5.1
On any issue where the Praisideu and the General Assembly differ, the will of the General Assembly will prevail.
5.2
The Praisideu shall, as part of their functions described elsewhere in this Constitution, submit legislative proposals to the General Assembly as and when necessary or useful.


Article VI — [Provincial Executive 3: Government]
6.1
The Praisideu may delegate any executive powers to Provincial Ministers. The Ministers are nominated by the Praisideu and confirmed by the Cunstavál. The Ministers are collectively and individually responsible to and may be dismissed by the Praisideu or the General Assembly. The Praisideu and Ministers are collectively known as "the Government".

Article VII — [Legislation and Law]
7.1
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 upon the advice and consent of the Praisideu before becoming law. They may be overturned by the General Assembly.
7.2.
The Cunstavál shall promulgate all Amendments to this Constitution passed by a 2/3 majority in the General Assembly, and all other laws passed by a simple majority.

Article VIII — [The Landsdoom]
8.1
Judicial power, including jurisdiction over any dispute relevant to this Constitution, 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 Kingdom Corts.

Article IX — [Secretary of State]
9.1
Elections and maintenance of provincial governmental and electoral archives are conducted by a Secretary of State, elected by the General Assembly.
9.2
The Secretary of State may only be a candidate for the Praisideu if there would otherwise be only two or fewer declared candidates.

Article X — [General Provisions for Officers]
10.1
Any officer empowered by 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.
10.1.1. Any officer empowered by this Constitution shall be considered absent if they fail to confirm their presence to the General Assembly within seven (7) days of being called upon to do so.
10.2.
All officers empowered by this Constitution may be removed by the General Assembly by means of a Vote of Confidence, which shall require a simple majority to succeed. The Praisideu may be subject to a Vote of Confidence only collectively, not as individuals
10.3
An officer empowered by this Constitution, including members of the Praisideu, shall have vacated their office if they resign, lose their Talossan citizenship, are removed by a Vote of Confidence by the General Assembly, or are absent within the meaning of 10.1.1. above for 30 days or more.
10.3.1.
If a vacancy arises in the Praisideu the remaining members may co-opt any citizen to the vacant role in the Praisideu, subject to ratification of their choice by the General Assembly. If two or more vacancies arise in this way simultaneously, the Secretary of State shall declare the Praisideu to be vacant.
10.3.2.
In a vacancy arises in other any office created under this Constitution, the Praisideu may appoint an Acting holder of that office, who shall function until confirmed or replaced by the Assembly.

Vote THE FREE DEMOCRATS OF TALOSSA
¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
"They proved me right, they proved me wrong, but they could never last this long"

Miestră Schivă, UrN

#1
It's been a while since we used this, but please familiarise yourselves with the Standing Orders of the General Assembly. One thing we might consider: should we bring in a quorum for GA decisions, either set in the Constitution or the Standing Orders?

Vote THE FREE DEMOCRATS OF TALOSSA
¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
"They proved me right, they proved me wrong, but they could never last this long"

GV

Quote from: Miestră Schivă, UrN on April 18, 2021, 01:56:52 AM
It's been a while since we used this, but please familiarise yourselves with the Standing Orders of the General Assembly. One thing we might consider: should we bring in a quorum for GA decisions, either set in the Constitution or the Standing Orders?

A quorum would be very good: 50%-plus-one turnout of all eligible voters?

Miestră Schivă, UrN

#3
There are 20 current citizens of Fiovå. That would require 11 people to participate in GA decisions, in a province which has had zero activity for years. Not realistic. I was thinking more like "5 citizens or 20% of the total citizens, whichever is the greater".

I should explain the reasoning behind this reform that we haven't been able to fill the role of Capitán for years, and I think it's because there's too much responsibility on the role. Shifting the executive branch to a 3 person committee will mean more people might participate if there's less stress.

Vote THE FREE DEMOCRATS OF TALOSSA
¡LADINTSCHIÇETZ-VOI - rogetz-mhe cacsa!
"They proved me right, they proved me wrong, but they could never last this long"