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Charter for the Order of the Holy Lakes/Amendments of 1733

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Proposed amendments.

In progress.

Bill to Amend the Charter

  1. Clause 1. The Charter is amended to read according to the Schedule.
    1. Amendments are shown in bold.
    2. This also includes the adoption of the Treatise on the Rights of the People as part of the constitutional law of these realms.
  2. Clause 2. If the Senate adopts this Act with by a vote of three quarters' majority, the amendments in Clause 1 will enter into force immediately, however, if the Senate adopts this Act by a vote of the majority which does not meet the criterion of three quarters' majority, the Commander of the Order is responsible to conduct a referendum among the Electors to decide on the question: "Do you consent or do you oppose the adoption of the amendments to the Charter for the Order of the Holy Lakes, including the adoption of the Treatise on the Rights of the People as part of the constitutional law of these realms"?
    1. If a majority of all electors vote to consent to the amendments, the amendments in Clause 1 will enter into force upon the receipt of the same by the Senate.

Schedule

The Senate of the Lakes, as sovereign of the Order of the Holy Lakes, in the name of the King among the Lakes, the Princes and Princesses among the Lakes, and the Knights, Ladies and Companions of the Holy Lakes, pronounces the following Charter for the Order of the Holy Lakes.

Constitution

  1. This Charter, along with the Treatise on the Rights of the People, forms the highest law of the realms of the Order of the Holy Lakes

Membership

Almanac of the Holy Lakes

  1. Members of the Order of the Holy Lakes shall be inscribed in the Almanac of the Holy Lakes.
    1. It is the duty of the Chancellor, or, in the absence of the Chancellor, the Commander, or, in the absence of both the Chancellor or Commander, such other person to whom the Senate directs, to keep the Almanac of the Holy Lakes updated.
    2. Births, marriages, divorces, and deaths shall be inscribed.
    3. Only persons recorded in the Almanac of the Holy Lakes shall be considered members.

Induction or election

  1. Membership to the Order of the Holy Lakes, by right of induction or election, is extended to persons who:
    1. have been inducted to the Order of the Holy Lakes by decree or decision of the head of state of Hurmu, or
    2. have been inducted or elected to the Senate of the Lakes (without having previously been members), or the unified Senate of Elwynn and Hurmu between 1574 and 1599, or
    3. have been the ultimate head of state of Hurmu, either executive or symbolic, and recognized as such by the Order of the Holy Lakes
  2. When a person is inducted or elected to the Order, the Chancellor shall ensure that the name of the new person is inscribed into the Almanac of the Holy Lakes.

Descent

  1. Membership of the Order of the Holy Lakes, by right of descent, is extended by blood or adoption (if adopted as a minor) to any person descended from a person inducted or elected to the Order of the Holy Lakes.
  2. It is the responsibility of parents, being members of the Order, to report the birth of their child, so that the child is inscribed into the Almanac of the Holy Lakes.
  3. Persons who are not inscribed into the Almanac of the Holy Lakes may petition the Chancellor to be inscribed into the Almanac of the Holy Lakes. Such petition shall be granted if:
    1. the person can prove an unbroken chain of descent (by blood or adoption as a child) from a person inducted or elected to the Order.

Marriage

Right of Marriage
  1. Membership to the Order of the Holy Lakes by right of marriage is extended to persons who are married to a member by right of induction, election or descent, provided that,
    1. the marriage is legal, and considered marriage or equivalent to marriage, in the jurisdiction in which it occurred,
    2. the marriage is reported to the Order of the Holy Lakes and inscribed in the Almanac of the Holy Lakes
    3. in case of death of the person from which the member by right of marriage claims membership, membership in the Order shall continue only until remarriage outside the Order (that is, if there is a subsequent marriage to someone outside the Order, membership shall lapse)
Dissolution of Marriage
  1. If a divorce, annulment or otherwise dissolution of marriage, occurs, the parties shall report it to the Order, and it shall be inscribed into the Almanac of the Holy Lakes.
    1. If there is a dispute between the parties with regard to whether the dissolution has occurred, the dispute shall be brought to the Senate which shall arbitrate or, failing arbitration, adjudicate the dispute.
  2. Petition for dissolution of marriage may also be brought to the Senate directly.
    1. If the parties are in agreement, the Chancellor may testify to the dissolution and inscribe it in the Almanac of the Holy Lakes.
    2. If there is a disagreement between the parties as to whether the dissolution should occur, the Senate shall consider the petition on its merits and arbitrate, and, failing arbitration, adjudicate the dispute.

Loss of membership

  1. Membership is lost if,
    1. derived by right of marriage
      1. upon divorce,
      2. after being widowed, upon remarriage,
      3. by petition
      4. by resolution of the Senate
      5. by loss of membership from whom the member derives claim
    2. derived by right of induction or election
      1. by petition
      2. by resolution of the Senate
    3. derived by right of descent
      1. by petition
      2. by resolution of the Senate
      3. by loss of membership from whom the member derives claim
  2. The Senate may resolve to remove a person from membership of the Order, if that person
    1. has committed treason against the Order, for example, by waging war against the Order
    2. has, through a repertoire of behaviours, or by committing and being found guilty of a criminal offence, brought the Order into disrepute, dishonour, or threat.
  3. A person, who has been a member of the Order and was removed from membership of the Order due to the loss of membership from someone whom that person had previously derived claim of membership, may petition the Senate for a restoration of membership. If the Senate finds that the person is of good repute and loyal to the Order, it shall restore that person to the membership of the Order by right of induction.

Rank and titles

  1. Membership exists in the following ranks, from highest to lowest:
    1. King among the Lakes / Queen among the Lakes [Konung aa meðal sjooa / Drottning aa meðal sjooa]
    2. Prince among the Lakes / Princess among the Lakes [Fyrste aa meðal sjooa / Fyrstynna aa meðal sjooa]
    3. Senator of the Lakes / Senatrix of the Lakes [Aldermaðr sjooa]
    4. Knight of the Holy Lakes / Lady of the Holy Lakes / Companion of the Holy Lakes [Riddare helgo sjooa / Froyja helgo sjooa / Ryss helgo sjooa]
King or Queen
  1. The title King among the Lakes or Queen among the Lakes, having been bestowed upon His Majesty Andreas Alexis Pellegrino-Brown (Craitman VII), in 1689, is vested in his most senior legitimate heir, with preference to elder siblings and their descendants over younger siblings and their descendants.
Prince or Princess
  1. The title Prince among the Lakes or Princess among the Lakes is vested in the most senior legitimate heir of Prince Rashid Aradas Audon Arsalani Kalirion Andelarion (Prince Andelarion), with preference to elder siblings and their descendants over younger siblings and their descendants.
  2. The title Prince among the Lakes or Princess among the Lakes is vested in the most senior legitimate heir of Prince Daniel Kalirion, with preference to elder siblings and their descendants over younger siblings and their descendants.
  3. The title Prince among the Lakes or Princess among the Lakes is vested in the most senior legitimate heir of Prince Nathan Dariolin of Waffel-Paine, with preference to elder siblings and their descendants over younger siblings and their descendants.
  4. The title Prince among the Lakes or Princess among the Lakes is vested in the most senior legitimate heir of Prince Elijah Ayreon, with preference to elder siblings and their descendants over younger siblings and their descendants.
  5. The title Prince among the Lakes or Princess among the Lakes is vested in the most senior legitimate heir of Prince Tarjei Einhornsson, with preference to elder siblings and their descendants over younger siblings and their descendants.
Senator of the Lakes
  1. Each member of the Senate of the Lakes is a Senator (or Senatrix, if female and choosing to use that title) of the Lakes.
Knight or Lady or Companion
  1. Each member of the Order, who does not hold the rank King, Queen, Prince or Princess among the Lakes is Knight of the Holy Lakes, Lady of the Holy Lakes, or Companion of the Holy Lakes, as per personal preference.
Elector of the Holy Lakes
  1. A member of the Order of the Holy Lakes, who during the the year in question, will turn 18 years of age or have turned 18 years of age, is eligible to vote in all elections and referendums which have been called by the Senate as an elector of the Holy Lakes.
    1. A female elector may, by her own choice, be known as Electress.

Offices and officers of the Order

Chancellery

Chancellor
  1. The Chancellor of the Order of the Holy Lakes is the highest officer in the Order of the Holy Lakes.
  2. The Chancellor is also ex officio the presiding officer of the Senate of the Lakes and the chief representative of the Senate and the Order.
  3. The Chancellor shall, in consultation with the Senate and the Secretariat of State, appoint and accredit such missions to other powers and such persons who shall represent the Order of the Holy Lakes to those powers.
  4. The Chancellor is elected by majority vote in the Senate, and may be removed by a majority vote by the Senate.
    1. Whenever there is a vacancy for the position of Chancellor, the Commander shall temporarily assume the powers of the Chancellor until such time the Senate has elected a new Chancellor.
Commander
  1. The Commander of the Order of the Holy Lakes is the chief executive of all internal matters of the Order of the Holy Lakes.
  2. The Commander is also the Commander in Chief of the military arm of the Order of the Holy Lakes.
  3. The Commander is elected by majority vote in the Senate, and may be removed by a majority vote by the Senate.
    1. Whenever there is a vacancy for the position of Commander, the First Secretary of State shall temporarily assume the powers of the Commander until such time the Senate has elected a new Commander.

Secretariat of State

  1. The Secretariat of State holds the executive powers over the realms of the Order of the Holy Lakes. It consists of the first secretary of state and such other secretaries that the Senate shall appoint. It may also consist of ministers whom the First Secretary appoints.
First Secretary of State
  1. The First Secretary of State is elected by majority vote in the Senate, and may be removed by a majority vote by the Senate.
    1. Whenever there is a vacancy for the position of First Secretary of State, the Commander of the Order of the Holy Lakes shall temporarily assume the powers of the First Secretary of State until such time the Senate has elected a new First Secretary of State.

Senate of the Lakes

Powers

  1. The Senate of the Lakes is the sovereign for the Order of the Holy Lakes and for the realms of the Order of the Holy Lakes.
    1. The Senate has power to grant, amend and remove constitutions or laws for its realms, as well as enter into treaties for them.
    2. The Senate has power to declare war and make peace for the realms of the Order of the Holy Lakes.
  2. The Senate holds all ultimate legislative, military, executive and adjudicative power not otherwise delegated by this Charter elsewhere.

Membership

  1. The Senate consists of 28 seats, of which 14 are permanent seats and 14 are elected seats. A Senator must be a member of the Order of the Holy Lakes.
  2. The original senators of the 14 permanent seats are:
    1. Ahmad Abdullah Inzun Shah ibni Almarhum Sultan Abdul Aziz Iskandar Shah
    2. Anastasia Etzeterra
    3. Audon Jirō Ayreon-Kalirion ibn al-Majeed al-Osman bin Sathrati of Waffel-Paine
    4. Jaya Prabhu
    5. Kamran al-Osman
    6. Marcus Eskender Avon-El Ayreon-Kalirion Myksos, Prince among the Lakes
    7. Mondo Etzeterra
    8. Muhammad Furkorn Mat Jeen
    9. Rosamund Azar Agueda al-Osman Primo de Aguilar
    10. Samira Avon-El Ayreon-Kalirion Myksos
    11. Saurabh Farrah
    12. Tsatse Vaykok
    13. Utas Enrique Naian Ayreon-Kalirion de Waffel-Paine y Carrillo
    14. Viric Merrick
  3. All permanent Senators rule their own seats. The seat may be gifted or willed away to another member of the Order.
    1. If senators leave, or die from, their permanent seats, without an intended heir by last will and testament or otherwise information to the Senate, their most senior adult heir under the rules of absolute primogeniture shall inherit it.
    2. If there is no adult heir to inherit the seat, the Senate shall elect a successor to the seat.
    3. Changes to the owner of a seat shall be reported to the Chancellor.
    4. Permanent senators may appoint an advocate to hold their seat in their absence. The appointment and dismissal of an advocate shall be communicated to the Chancellor. One person may not be an advocate for more than one senator at a time.
  4. Elections shall be held for the remaining 14 seats before the term of the Senate is ended.
    1. The Senate ends upon the conclusion of the twelfth year from its inauguration, unless the Senate, by resolution of at least two thirds of its members, mandates a new election, in which case, the Senate shall end the day before the inauguration of a new elected Senate.
    2. Act of Senate determines the law for the election; in the absence of a new law on the matter, the same procedure as the last election to the Senate shall be in place.
    3. Following an election, the new Senate shall take it seats upon the first day of the first month following the certification of the election.
  5. Notwithstanding this section, the Twelfth Senate shall remain in place until a new election is held for the 14 elected seats. Only when the Thirteenth Senate is inaugurated shall the 14 permanent senators take their seats.

Rules of procedure

Presiding officer
  1. Presiding officer does not vote unless there is a tie.
  2. Presiding officer is Chancellor of the Order of the Holy Lakes.
  3. In the absence or recusal of the Chancellor, the Commander of the Order of the Holy Lakes presides.
  4. In the absence or recusal of both the Chancellor and the Commander, the most senior Senator presides.
    1. The longer a Senator has served in the Senate, the more senior the Senator is.
    2. If two senators have equal length of service, the older of them is the senior one.
Legislative Proposals
  1. Any Senator bring forth a proposal for the consideration of the Senate. A proposal is free to be debated at any time.
  2. For any vote, other than votes to amend proposal, a second Senator shall agree with the proposal.
  3. Friendly amendments are encouraged. If not friendly, or if there are competing amendments, the Presiding Officer shall issue an order of procedure of voting on the proposal and its amendment(s).
  4. Voting shall last for at least 36 days [72 hours], unless all Senators have already voted, or a majority of all senators has been found, in which case voting may conclude earlier.
Petitions and Judicature
  1. Any person with standing may bring a case for review, arbitration or adjudication to the Senate of the Lakes.
    1. A case shall be relevant to the law of the Order of the Holy Lakes or any realm held in right by the Order. If the case is related to a realm held in right by the Order, the judicial process in that realm must first be exhausted before the Senate shall review the case.
  2. Cases are brought to the Chancellery – and if either officer of the Chancellery recuses themselves (which they must in case of clear conflict of interest) – the case shall be brought to the Secretariat.
  3. Matters of procedural matter may be decided by the presiding officer on the matter alone, but may upon the motion of one senator, and the seconding of another, be brought to a vote.
    1. All senators may at all times vote on procedural matters for the case, however, only those who are not recused may preside over the case.
  4. The Presiding Officer of the case may order persons to appear to testify before the Senate, make evidence available to the Senate, and so on.

Final provisions

  1. This charter may be amended by the passing of the bill to the effect by the Senate of the Lakes, either
    1. by a vote of three quarters' majority, or
    2. by a vote of the majority, if, that bill specifies a referendum among the electors of the Holy Lakes, and that a majority of the electors vote to approve the bill.

In witness whereof, the Senators of the Lakes have here unto set their hands and sealed with their coat of arms.

Done at the Ruins of the Palace of the Elenaran, this seventeenth day of the thirteenth month, in the year after the death of Emperor Norton, one thousand and seven hundred and twenty.

Treatise on the Rights of the People

Note: adapted from previous constitutions of Hurmu

Preamble

In the words of the ancient echo, of which our ancestors sang as they sat by the lakes of the lands of Hurmu, smiling at life and centring their eyes on peace and tranquillity, we affirm our willingness to save our children and their children for generations to come from the scourges of war and to bring them instead a future of light, hope, and better living.

We hold that all children of Ash and Elm are each other equal and are each of the greatest value immeasurable, and that they all are endowed with indisputable freedoms and rights in accordance with the ways of living of our people.

As such we believe in the Brida, the guide of our people, which we will practise in harmony and solidarity with all nature and her inhabitants, with all peoples and nations, and with all lands and lakes.

In holding that Hurmu is an open society, forming both a community of free people and a sovereign state within the community of nations, we assert the right of every peaceful Brida-respecting child of Ash and Elm to wander among the lush landscapes of Hurmu, and to settle, within the constraints of law, among these lands.

And to these ends, we, the Electors of the Holy Lakes, declare this the treatise on the rights of the people:

Text

  1. All persons are born to a common condition, that is, to be karjak-ka. As such, their rights and obligations in these realms are derived from the Brida and exercised in a manner consistent with the Brida.
  2. Therefore no person in these realms, whether born in the country or brought over from across seas or borders, or any person in the protection of these realms, may be held, either by law, tradition or other force, to serve any person or entity whatsoever as a slave or labourer, unless bound by the affected person's own clear, objective and continuous consent or by a conviction from an impartial court of law for an act that explicitly is an offence by law. Likewise, no person may, under the same provisions, have his or her freedom, independence or liberty suspended or terminated, unless by the assessment of a court of law for the safety and social harmony of the people of these realms.
  3. No person may be condemned to death. The right to life of a person is inviolable. Therefore no person may be subjected to any torture, whether it be corporal or psychological, or to any degrading treatment under any circumstances, for all persons own the right to security of person.
  4. Having throughout history longed to know the unknown, all individuals enjoy the freedom and right to engage in scientific research, educational activities, all according to law and constitution, and the peaceful practice of religion. No entity of these realms, the media, nor any individual, nor any group of people or entity may compel a person to adhere to any religion, nor to any religious or irreligious beliefs and practices.
  5. All persons, being equal to one and another, have the freedom of conscience. They may believe what they will and express such views in a peaceful and considerate manner, or not to express them at all. Therefore no entity of these realms, nor any other entity, individual or power, may compel a person to reveal his or her feelings on a matter, whether it be politics, religion or personal. Courts of law may, however, compel persons to reveal facts that are relevant to a case in question.
  6. Everyone within these realms has right to, without having to purchase it, recourse to the laws for all injuries and wrongs that he or she may have received in person, property or character. The individual enjoys freedom to obtain right and justice freely in conformity with law.
  7. Whenever a person is accused or charged in accordance with law with an offence, the person has the right to be presumed innocent until he or she is proved guilty according to law in a trial.
  8. All persons who by free will reside in these realms have the freedom of movement in these realms, to choose their own place of residence within these realms, subject to the respect of law, or to emigrate to a State that will receive them or to emigrate to the Green.
  9. No entity of the Order may favour or disfavour, unless by the assessment of a court of law for the safety and social harmony of the people of these realms, any individual, set of persons (other than the membership of the order itself), family, entity or group of entities, because of their views, whether political, irreligious or religious, because of their sex, gender, sexual orientation, nationality, colour, creed, ethnicity, cultural or social heritage or status, economical status, partner or partners in love – whether the love between hearts or the love between bodies – or because of any other reason that may be related to that which is listed here, for all, without exceptions, are equal before the law, are afforded the equal protection of the law, and enjoy the same obligations under the law.