Request for update: Statutory Law Codification

[Zilect Uómbat Firă]

The Nimlet recently passed the Statutory Law Codification Act. Can the Constable provide an update on the availability of a codified copy of the statutes and resolutions that have been adopted in accordance Article IV, Section 6 of the Constitution of Florencia (2020)?

[Breneir Tzaracomprada]

The Nimlet recently passed the Statutory Law Codification Act. Can the Constable provide an update on the availability of a codified copy of the statutes and resolutions that have been adopted in accordance Article IV, Section 6 of the Constitution of Florencia (2020)?

Thanks Zilect, I completely forgot about this and am not clear on who the Constable actually is for Florencia?

[Zilect Uómbat Firă]

That seems to imply the position is either vacant or generally unattended.
Per Article III §1 of the Constitution of Florencia (2020): "If the office of the Constable be ever vacant or generally unattended, the Governor shall petition without delay that the Sovereign appoint a new Constable and shall repeat this petition so often as may be necessary to effectuate the appointment."

[Breneir Tzaracomprada]

That seems to imply the position is either vacant or generally unattended.
Per Article III §1 of the Constitution of Florencia (2020): "If the office of the Constable be ever vacant or generally unattended, the Governor shall petition without delay that the Sovereign appoint a new Constable and shall repeat this petition so often as may be necessary to effectuate the appointment."

Excellent point and it definitely seems unattended. Would you be OK if I waited until Txec is officially King to submit the petition? If memory serves me well, last time I had to submit this petition it went unaswered so I'd like to present it to the likely more active monarch.

[Zilect Uómbat Firă]

Excellent point and it definitely seems unattended. Would you be OK if I waited until Txec is officially King to submit the petition? If memory serves me well, last time I had to submit this petition it went unaswered so I'd like to present it to the likely more active monarch.

makes perfect sense!

[Breneir Tzaracomprada]

@Zilect Uómbat Firă Well, while we wait for King John to abdicate and make Txec's ascension final I have an update. We do actually have a constable: @Dame Litz Cjantscheir, UrN

In light of this, I wanted to confirm you would still prefer for me to petition Txec once he is officially king?

[Zilect Uómbat Firă]

@Zilect Uómbat Firă Well, while we wait for King John to abdicate and make Txec's ascension final I have an update. We do actually have a constable: @Dame Litz Cjantscheir, UrN

In light of this, I wanted to confirm you would still prefer for me to petition Txec once he is officially king?

I'll defer to your discretion

[Sir Txec dal Nordselvă, UrB]

@Zilect Uómbat Firă Well, while we wait for King John to abdicate and make Txec's ascension final I have an update. We do actually have a constable: @Dame Litz Cjantscheir, UrN

In light of this, I wanted to confirm you would still prefer for me to petition Txec once he is officially king?

I'll defer to your discretion

I looked back and Dame Litz was confirmed as Cunstaval at the same time I was made Cunstaval of Vuode. I don't think I would look kindly on naming a new Cunstaval without the existing one either no longer active or voluntarily resigned.

- Txec

[Breneir Tzaracomprada]

@Zilect Uómbat Firă Well, while we wait for King John to abdicate and make Txec's ascension final I have an update. We do actually have a constable: @Dame Litz Cjantscheir, UrN

In light of this, I wanted to confirm you would still prefer for me to petition Txec once he is officially king?

I'll defer to your discretion

I looked back and Dame Litz was confirmed as Cunstaval at the same time I was made Cunstaval of Vuode. I don't think I would look kindly on naming a new Cunstaval without the existing one either no longer active or voluntarily resigned.

- Txec

There are four bills recently passed by the Florencian House of Shepherds which await royal assent by the Constable.

The Constable has indicated in other threads that she is no longer on vacation. I will therefore give @Dame Litz Cjantscheir, UrN a bit more time to decide on the outstanding legislation passed by the Florencian parliament.

As a courtesy, I am notifying both John and Txec that this lack of action would be the basis of a determination of "no longer active" as in inattentive to their duties.

Two weeks. Acting as Governor I will then lodge the petition if there is continued silence. And the legislation, in accordance with the Florencian Constitution, will be considered as approved.

[Dame Litz Cjantscheir, UrN]

It appears to me that Article IV, Section 6 of the Constitution of Florencia has not been adhered to, as I see no evidence that the Governor has invited the Constable to consider any resolution for approval. This procedural step is essential under the Constitution to ensure the lawful enactment of resolutions.

Regardless, under my authority in Article IV, Section 6, I am formally disapproving the Statutory Law Codification Act. My objections are grounded in the resolution's apparent inorganic provisions that impose obligations upon the Crown to maintain and administer provincial laws. Should the office of Constable become vacant, this requirement would place a direct administrative responsibility upon the Sovereign, which is neither appropriate nor consistent with constitutional/organic intent. The Constitution nor OrgLaw does not envision a province requiring the Crown to undertake provincial administrative duties, as this fundamentally misinterprets the nature of the Crown's role.

Further, the resolution breaches Article III, Section 1, as it misinterprets the role of the Constable. The Constable is a representative of the Sovereign of Talossa, and the administration of provincial laws is not an obligation of the Crown but rather a duty of the provincial legislature, the Governor, or bodies created by them.

Per Article IV, Section 6:

Presentation to the Constable
Whenever the House of Shepherds has passed a resolution, the Governor shall close the question, sign the instrument forthwith, and invite that Constable consider it for approval.
... If the Constable disapprove a resolution presented by the Governor, then the former shall return it to the consideration of the Shepherds with his objections in writing: and if the same resolution should earn again at least twice as many affirmative votes as negative ... the Governor shall close the question and promulgate the resolution forthwith.

For these reasons, I am returning the Statutory Law Codification Act to the House of Shepherds for further consideration, citing these constitutional/organic objections.

[Breneir Tzaracomprada]

Madam Constable,

Please advise on your response to the other three bills.

[Breneir Tzaracomprada]

It appears to me that Article IV, Section 6 of the Constitution of Florencia has not been adhered to, as I see no evidence that the Governor has invited the Constable to consider any resolution for approval. This procedural step is essential under the Constitution to ensure the lawful enactment of resolutions.

Regardless, under my authority in Article IV, Section 6, I am formally disapproving the Statutory Law Codification Act. My objections are grounded in the resolution's apparent inorganic provisions that impose obligations upon the Crown to maintain and administer provincial laws. Should the office of Constable become vacant, this requirement would place a direct administrative responsibility upon the Sovereign, which is neither appropriate nor consistent with constitutional/organic intent. The Constitution nor OrgLaw does not envision a province requiring the Crown to undertake provincial administrative duties, as this fundamentally misinterprets the nature of the Crown's role.

Further, the resolution breaches Article III, Section 1, as it misinterprets the role of the Constable. The Constable is a representative of the Sovereign of Talossa, and the administration of provincial laws is not an obligation of the Crown but rather a duty of the provincial legislature, the Governor, or bodies created by them.

Per Article IV, Section 6:

Presentation to the Constable
Whenever the House of Shepherds has passed a resolution, the Governor shall close the question, sign the instrument forthwith, and invite that Constable consider it for approval.
... If the Constable disapprove a resolution presented by the Governor, then the former shall return it to the consideration of the Shepherds with his objections in writing: and if the same resolution should earn again at least twice as many affirmative votes as negative ... the Governor shall close the question and promulgate the resolution forthwith.

For these reasons, I am returning the Statutory Law Codification Act to the House of Shepherds for further consideration, citing these constitutional/organic objections.

@Zilect Uómbat Firă the Constable has returned the bill to the House stating their objection(s). Please consider their objections if you plan to re-propose.

If the bill is re-submitted in its exact form and is passed again (but with twice as many votes as against) then it will be approved without assent by the Constable according to the Florencian Constitution here:

Section 6. Presentation to the Constable.
Whenever the House of Shepherds have passed a resolution, the Governor shall close the question, sign the instrument forthwith, and invite that Constable consider it for approval.

If the Constable should approve a resolution so presented, or fail to act upon it altogether during the fourteen days immediately following presentation, the Governor shall promulgate it then and it shall take effect.

If the Constable disapprove a resolution presented by the Governor, then the former shall return it to the consideration of the Shepherds with his objections in writing: and if the same resolution should earn again at least twice as many affirmative votes as negative, not later than the seventeenth day following its return, the Governor shall close the question and promulgate the resolution forthwith, and it shall take effect then; or else he shall close the question and declare it failed, albeit not rejected.

[Dame Litz Cjantscheir, UrN]

@Zilect Uómbat Firă & @Breneir Tzaracomprada: After a closer reading of the Constitution of Florencia, I must add to my objections that this resolution directly contravenes constitutional provisions. Specifically, Article III, Section 6 assigns executive powers solely to the Governor, including the following responsibilities:

Article III Section 6. The Governor.
The executive powers of the province shall be vested in a singular Governor, or in Talossan "Governadéir", who shall:
(a) Be the presiding officer of the House of Shepherds, and have by right of such office one mandatory and equal seat there;
(b) Resolve all parliamentary questions in the House of Shepherds, and take care that their business be undertaken in good and honorable manner;
(c) Keep and make publicly available the text of all laws of Florencia, in conjunction with the Scribery of Talossa;
(d) Take care that the laws of Talossa and Florencia be enforced faithfully; and
(e) Represent the province in any and all judicial actions to which it be a party.
[...]

These responsibilities are constitutionally vested in the Governor and therefore cannot be reassigned by a mere resolution.

[Dame Litz Cjantscheir, UrN]

Madam Constable,

Please advise on your response to the other three bills.

I think we need a separate thread where the Governor invites the Constable to consider passed resolutions for approval, with the full text of same. It will keep things easier to follow and I can see the final full text of the resolutions for consideration. 

I'm quite happy to start one. 

[Breneir Tzaracomprada]

Madam Constable,

Please advise on your response to the other three bills.

I think we need a separate thread where the Governor invites the Constable to consider passed resolutions for approval, with the full text of same. It will keep things easier to follow and I can see the final full text of the resolutions for consideration.

I'm quite happy to start one.

@Dame Litz Cjantscheir, UrN you've made your objections clear concerning that one bill. Now @Zilect Uómbat Firă please take that advice into consideration as you determine what your next steps are regarding the legislation.

Concerning the three other bills I assumed you had considered them received when you took official action on one of the four. If you want to create a thread that is fine with me.