The Cunstavál Reform Amendment

[Baron Alexandreu Davinescu]

The Cunstavál Reform Amendment

Whereas the role of Cunstaval is decades out of date and mostly out of use, and yet there is a place for His Majesty in every province, and

Whereas the provinces are probably best-equipped to decide what the role might be, and

Whereas the limit on cross-provincial power seems unnecessary at this point, since we don't know what provinces will want to be doing,

THEREFORE the fourth section of the ninth article of the Organic Law, which currently reads

1. Every royal power that the King possesses as granted by this Organic Law shall also apply to the provincial governments; with the exception that the provincial royal powers need not include a right of dissolution if provincial elections are held concurrently with Cosâ elections.

2. The King may appoint a Cunstavál (or Constable) for any Province to exercise these powers on his behalf, for a term not exceeding three years. The King may reappoint a Cunstavál. The terms of existing Cunstaváis shall expire no later than three years after the adoption of this amendment.

3. Until such time as the King or Cunstavál proclaims a provincial constitution providing otherwise, the King or Cunstavál shall serve as Military Governor and may exercise all the powers of the provincial government.

4. The King or Cunstavál shall not proclaim any provincial constitution, nor shall any province pass a constitutional amendment, which conflicts with any provision of this Organic Law or with any other national law.

5. The King or Cunstavál shall not proclaim any provincial constitution which has not been 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.

6. No person shall be at the same time Cunstavál of one province and the leader of the provincial government of another province.

shall be amended to read

1. Every royal power that the King possesses as granted by this Organic Law shall also apply in a commensurate fashion to the provincial governments.

2. The King may appoint a Cunstavál (or Constable) for any Province to exercise these powers on his behalf.  A province may pass laws setting a term of office for its Cunstavál, specifying who is disqualified from the role, and assigning the Cunstavál a role in their government.  Unless otherwise fixed by national or provincial statute, the term of office shall be three years.  No person shall be at the same time Cunstavál of one province and the leader of the provincial government of another province.

[Miestră Schivă, UrN-GC]

This is a real "Nixon Goes To China" bill; in the sense that it's something I would have liked to introduce ages ago, but the monarchist side of politics would have screamed bloody murder at me for being a republican vandal. So, kudos.

[Baron Alexandreu Davinescu]

lol... Back in 2013, I cosponsored a bill with you to do something similar.  Sometimes you just need to be patient and try again.

[Antaglha Xhenerös Somelieir]

The Cunstavál Reform Amendment

Whereas the role of Cunstaval is decades out of date and mostly out of use, and yet there is a place for His Majesty in every province, and

Whereas the provinces are probably best-equipped to decide what the role might be, and

Whereas the limit on cross-provincial power seems unnecessary at this point, since we don't know what provinces will want to be doing,

THEREFORE the fourth section of the ninth article of the Organic Law, which currently reads

1. Every royal power that the King possesses as granted by this Organic Law shall also apply to the provincial governments; with the exception that the provincial royal powers need not include a right of dissolution if provincial elections are held concurrently with Cosâ elections.

2. The King may appoint a Cunstavál (or Constable) for any Province to exercise these powers on his behalf, for a term not exceeding three years. The King may reappoint a Cunstavál. The terms of existing Cunstaváis shall expire no later than three years after the adoption of this amendment.

3. Until such time as the King or Cunstavál proclaims a provincial constitution providing otherwise, the King or Cunstavál shall serve as Military Governor and may exercise all the powers of the provincial government.

4. The King or Cunstavál shall not proclaim any provincial constitution, nor shall any province pass a constitutional amendment, which conflicts with any provision of this Organic Law or with any other national law.

5. The King or Cunstavál shall not proclaim any provincial constitution which has not been 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.

6. No person shall be at the same time Cunstavál of one province and the leader of the provincial government of another province.

shall be amended to read

1. Every royal power that the King possesses as granted by this Organic Law shall also apply in a commensurate fashion to the provincial governments.

2. The King may appoint a Cunstavál (or Constable) for any Province to exercise these powers on his behalf.  A province may pass laws setting a term of office for its Cunstavál, specifying who is disqualified from the role, and assigning the Cunstavál a role in their government.  Unless otherwise fixed by national or provincial statute, the term of office shall be three years.  No person shall be at the same time Cunstavál of one province and the leader of the provincial government of another province.

"No person shall be at the same time Cunstavál of one province and the leader of the provincial government of another province"

I think this should be clearer in language to something along the lines of
"No person shall be at the same time Cunstavál of a province and the leader of the provincial government of any province at the same time, to hold one role invalidates their candidacy for the other as long at they hold either office"

The intent is the same but the language is less ambiguous

[Baron Alexandreu Davinescu]

That section is the current language from existing law, as it has been for many years. And respectfully, I find your version actually a little bit more confusing than the simpler version. Invalidating candidacy sounds like you just can't run for the office or something. I'm open to the idea, but could you explain to me why you think this is an improvement?

[Antaglha Xhenerös Somelieir]

That section is the current language from existing law, as it has been for many years. And respectfully, I find your version actually a little bit more confusing than the simpler version. Invalidating candidacy sounds like you just can't run for the office or something. I'm open to the idea, but could you explain to me why you think this is an improvement?

I grant the way I phrased it may not have been the best,
But the intention is to clear up a loophole in the language you presented which, as the prohabition against being a Cunstaval in the same province you are from, as this bill would do, it doesn't prohibit you being able to hold a provincial government head and the position of cunstaval in the SAME province. Which is what I was trying to stop in the suggested change I put forward earlier

[Baron Alexandreu Davinescu]

Oh, I see. Well, that wouldn't be closing a loophole, that would be a significant change. In the past, some provinces have chosen to have their Constable also serve as the ceremonial head of state or the head of their government. So I don't want to prevent provinces from doing that. Provinces will already be now enabled to pass their own restrictions on who can hold the office, and they can add this restriction if they so choose.

[Tric’hard Lenxheir]

How about simply "no one can be cunstaval and a provincial leader of any province at the same time"

[Baron Alexandreu Davinescu]

Because provinces have sometimes had that as their local government, and I don't want to prohibit that.  We should leave it up to them.

[Antaglha Xhenerös Somelieir]

Oh, I see. Well, that wouldn't be closing a loophole, that would be a significant change. In the past, some provinces have chosen to have their Constable also serve as the ceremonial head of state or the head of their government. So I don't want to prevent provinces from doing that. Provinces will already be now enabled to pass their own restrictions on who can hold the office, and they can add this restriction if they so choose.

That isn't exactly trye as the current convention in appointments of Cunstavals are supposed to be from a separate province.
As having a cunstaval also be the head of government in a province seems like a dangerous position with one person having too much power.

So doing so would be closing a loophole and formalising the principals behind currently conventions

[King Txec]

Yeah I'm not really in favor of allowing Cunstavals to also be provincial heads of government. I also believe they should be from a different province.

-Txec R

[Baron Alexandreu Davinescu]

Oh, I see. Well, that wouldn't be closing a loophole, that would be a significant change. In the past, some provinces have chosen to have their Constable also serve as the ceremonial head of state or the head of their government. So I don't want to prevent provinces from doing that. Provinces will already be now enabled to pass their own restrictions on who can hold the office, and they can add this restriction if they so choose.

That isn't exactly trye as the current convention in appointments of Cunstavals are supposed to be from a separate province.
As having a cunstaval also be the head of government in a province seems like a dangerous position with one person having too much power.

So doing so would be closing a loophole and formalising the principals behind currently conventions

Actually, there was a specific reform enacted to change the rule that Cunstavais need to be from a different province, since some people resented it.

I think provinces are probably the best judges of how to distribute power in their own province, right?  Most of them have chosen a weak executive.  They can decide to have any role or restriction that they want.

Yeah I'm not really in favor of allowing Cunstavals to also be provincial heads of government. I also believe they should be from a different province.

-Txec R

I believe the former should be up to provinces, and the latter should be up to you, Your Majesty.

I'm open to suggested amendments, but the fundamental purpose of this bill is to eliminate the military governorship aspect and otherwise allow provinces to choose for themselves -- not invent new strictures for them.

[King Txec]

Well, I can easily resolve most of my own concerns by never appointing a Cunstaval to the province they reside in.

-Txec R