An Act to establish Counsellors of State to exercise limited royal functions during temporary absence of the Sovereign; to define the powers and limitations of Counsellors of State; to provide for appointment, qualification, and operational procedures; to ensure accountability and oversight; to amend the Civil List Act, 1699; to distinguish temporary delegation from full Regencies under the Regency Act, 1750; and for other purposes.
The Counsellors of State Act, 1750 is proposed legislation establishing Counsellors of State to exercise limited royal functions during temporary absence of the Sovereign. Introduced by President of the Government José Manuel Montero on 25.IV.1750AN, the bill implements the framework outlined in the Regency Act, 1750 for handling short-term absences without requiring establishment of a full Regency. The Act ensures constitutional continuity when the Sovereign travels abroad, undergoes medical procedures, takes vacation, or is otherwise temporarily unavailable, while maintaining clear limitations on delegated authority and democratic oversight.
The legislation establishes that Counsellors of State may handle routine royal business including signing administrative documents, receiving diplomatic credentials, attending ceremonial functions, and approving non-controversial appointments, but explicitly prohibits them from exercising major constitutional powers such as Royal Assent to legislation, dissolving the Cortes Federales, granting titles of nobility, or declaring war. Counsellors must act in pairs rather than individually, ensuring collective judgment and preventing concentration of power. The Act provides that the consort, heir apparent, and next persons in the line of succession serve as the pool of eligible Counsellors, with the Sovereign appointing specific individuals for each absence period. The Act amends the Civil List Act, 1699 to authorize appropriations for administrative costs associated with Counsellors of State.
The Regency Act, 1750 distinguished between full Regencies (for incapacity, minority, or extended absence exceeding six months) and temporary absences requiring only limited delegation of royal functions. Sections 27, 28, and 29 of that Act provided basic framework for Counsellors of State but encouraged comprehensive legislation to establish detailed procedures. The absence of such legislation created practical difficulties whenever the Sovereign needed to travel abroad or be temporarily unavailable.
Modern constitutional monarchies have long recognized that sovereigns must occasionally be absent from the capital or even from the country for periods ranging from days to several months. State visits, international summits, medical treatment abroad, and personal travel all necessitate temporary absence. During these periods, routine government business continues and certain royal functions must be performed, such as signing documents, receiving ambassadors, and attending ceremonial events. Without proper delegation mechanism, government operations could be disrupted.
The committee identified several key principles. Counsellors should come from the royal family and line of succession rather than government officials, maintaining the distinction between Crown and Executive. Counsellors should work collectively rather than individually, providing checks and preventing any single person from accumulating excessive power. The scope of delegated authority must be carefully limited to routine functions, with major constitutional decisions reserved for the Sovereign. Clear accountability and oversight mechanisms must ensure Counsellors act within their authority. Automatic transition to full Regency must occur if temporary absence extends beyond six months.
Key provisions
The Act establishes that Counsellors of State shall be appointed by the Sovereign from among eligible persons to exercise limited royal functions during temporary absence. Eligible persons include the consort (if at least 21 years of age), the heir apparent or heir presumptive (if at least 21), and the next four persons in the line of succession (if at least 21, domiciled in Nouvelle Alexandrie, and not incapacitated). The Sovereign appoints at least two but not more than six Counsellors before each anticipated absence, with appointments made by Letters Patent countersigned by the President of the Government in accordance with Article 28 of the Proclamation of Punta Santiago.
Counsellors may exercise the following limited powers: signing routine administrative documents and royal instruments, receiving credentials from foreign diplomatic representatives, attending ceremonial and state functions on behalf of the Sovereign, approving non-controversial appointments to positions where appointment cannot be delayed, issuing proclamations for ceremonial occasions, exercising administrative functions of the Crown that do not involve major policy decisions, and such other routine functions as the Sovereign may specifically delegate. Counsellors explicitly cannot give Royal Assent to legislation, dissolve or prorogue the Cortes Federales, appoint or dismiss the President of the Government or members of the Council of State, grant titles of nobility or create peers, declare war or conclude peace treaties, exercise the prerogative of mercy, dispose of Crown property, or take any action of major constitutional or political significance.
Counsellors must act collectively with at least two Counsellors agreeing to any action. No single Counsellor may act alone except for purely ceremonial functions. All significant actions require countersignature by the President of the Government or a competent Minister designated by the President. The authority of Counsellors begins when the Sovereign departs and ends automatically when the Sovereign returns to the Federation or declares resumption of full functions. If a temporary absence extends beyond six months, the Counsellors' authority automatically terminates and a Regency must be established under the Regency Act, 1750.
The Council of State provides oversight of Counsellors, reviewing their actions and ensuring compliance with limitations. Counsellors must report weekly to the Sovereign (if practical) and to the Council of State on all significant actions taken. At the conclusion of each delegation, Counsellors submit a final report to the Sovereign and the Cortes Federales documenting all actions performed. The High Court of Justice has jurisdiction to determine whether Counsellors have exceeded their authority, with any ultra vires action being void. The Act includes provisions for emergency designation of Counsellors when the Sovereign becomes suddenly unavailable, with such emergency Counsellors operating under a distinct legal basis subject to retroactive validation.
Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1750AN.
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WHEREAS the Sovereign may from time to time be temporarily absent from the Federation or temporarily unavailable to perform royal functions due to travel, medical treatment, or other legitimate causes; AND WHEREAS during such temporary absences, certain royal functions must continue to be performed to ensure the proper operation of government and the continuity of constitutional processes; AND WHEREAS the Regency Act, 1750 distinguishes between full Regencies for extended absences and temporary delegation for shorter periods, and encourages comprehensive legislation establishing Counsellors of State; AND WHEREAS it is expedient to provide for the appointment of Counsellors of State to exercise limited royal functions during temporary absence of the Sovereign; NOW THEREFORE, the Cortes Federales enacts as follows:
BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present 12th session assembled, and by the authority of the same, as follows:-
PART I GENERAL PROVISIONS.
1. CITATION.
This Act shall be officially cited as the "Counsellors of State Act, 1750".
2. CONSTITUTIONAL AUTHORITY.
The Sovereign possesses inherent authority under the Proclamation of Punta Santiago to delegate routine royal functions during temporary absence.
This Act establishes the statutory framework for such delegation, ensuring clarity, accountability, and proper limitations on delegated authority.
This Act implements the framework outlined in Sections 27, 28, and 29 of the Regency Act, 1750 for handling temporary absences without requiring establishment of a full Regency.
This Act shall be read in conjunction with the Royal Marriages Act, 1750, which establishes the constitutional position of consorts and their eligibility to serve as Counsellors of State.
3. DEFINITIONS.
"Counsellors of State" shall mean persons appointed by the Sovereign to exercise limited royal functions during temporary absence of the Sovereign.
"Temporary absence" shall mean a period during which the Sovereign is unavailable to perform royal functions, expected to last less than six months.
"Royal functions" shall mean the constitutional duties and powers of the Sovereign as established in the Proclamation of Punta Santiago.
"Letters Patent" shall mean formal written instruments issued under the Royal Seal appointing Counsellors of State.
"Eligible person" shall mean a person who meets the qualifications established in Part II to serve as a Counsellor of State.
"Acting collectively" shall mean two or more Counsellors of State acting together by mutual agreement.
"Countersignature" shall mean the signature of the President of the Government, or when appropriate, a competent Minister designated by the President of the Government, required to validate royal acts and decrees as mandated by Article 28 of the Proclamation of Punta Santiago.
"Council of State" shall mean the executive cabinet of the Federation, comprising the President of the Government and the Ministers.
"Regency Oversight Board" shall mean the body established by the Regency Act, 1750 to advise and oversee a Regent, as distinguished from the Council of State.
4. PURPOSE AND SCOPE.
This Act establishes Counsellors of State to ensure continuity of routine royal functions during temporary absence of the Sovereign.
Counsellors of State exercise delegated authority only and possess no inherent constitutional powers.
This Act provides a mechanism for temporary delegation distinct from and less extensive than a full Regency under the Regency Act, 1750.
PART II ELIGIBILITY AND APPOINTMENT.
5. ELIGIBLE PERSONS.
The following persons shall be eligible to be appointed as Counsellors of State:
The consort of the Sovereign, provided the consort is at least twenty-one years of age;
The person who is heir apparent or heir presumptive to the Crown (whether Crown Prince or Crown Princess), provided that person is at least twenty-one years of age;
The next four persons in the line of succession to the Crown, provided each such person:
Is at least twenty-one years of age;
Is domiciled in the Federation of Nouvelle Alexandrie;
Is not subject to any incapacity or legal disability.
A person who is temporarily outside the Federation may serve as Counsellor of State if they are able to discharge the functions from their location and modern communications permit effective coordination.
The Sovereign may, by Letters Patent, declare that a person who would otherwise be eligible is not suitable to serve as Counsellor of State due to special circumstances.
6. DISQUALIFICATIONS.
A person shall be disqualified from serving as Counsellor of State if they:
Are under twenty-one years of age;
Are subject to incapacity by reason of infirmity of mind or body;
Are subject to legal disability or criminal conviction;
Hold allegiance to a foreign power in a manner incompatible with serving as Counsellor;
Have been determined by the Sovereign or the Council of State to be unsuitable.
If a person appointed as Counsellor becomes disqualified during a delegation period, their authority shall immediately cease.
7. APPOINTMENT PROCEDURE.
Before undertaking a temporary absence, the Sovereign shall appoint Counsellors of State by Letters Patent.
The Letters Patent shall:
Identify the Counsellors of State appointed;
Specify the anticipated period of absence;
Delegate specific royal functions the Counsellors may exercise;
Impose any additional limitations or conditions the Sovereign deems appropriate;
Be countersigned by the President of the Government or, when appropriate, by a competent Minister designated by the President of the Government, in accordance with Article 28 of the Proclamation of Punta Santiago.
The Sovereign shall appoint at least two but not more than six Counsellors of State for each period of absence.
The Letters Patent shall be published in the Federal Gazette before the Sovereign's departure.
8. DURATION OF APPOINTMENT.
Counsellors of State shall hold their delegated authority from the moment of the Sovereign's departure from the Federation or commencement of unavailability until:
The Sovereign returns to the Federation and declares resumption of full royal functions; or
The Sovereign, while still absent, revokes the delegation by instrument in writing countersigned by the President of the Government; or
Six months have elapsed from the commencement of the absence, at which point authority terminates automatically and a Regency must be established under the Regency Act, 1750; or
The delegation is terminated by operation of law.
If the Sovereign returns briefly during a longer absence, the Sovereign may declare whether the Counsellors' authority is suspended during the return or continues throughout the entire absence period.
PART III POWERS AND LIMITATIONS.
9. DELEGATED POWERS.
Counsellors of State, acting collectively as provided in this Act, may exercise the following royal functions:
Sign routine administrative documents, royal instruments, and official papers that do not involve major policy or constitutional decisions;
Receive credentials from newly appointed foreign diplomatic representatives and accept letters of recall from departing representatives;
Attend ceremonial functions, state occasions, and official events on behalf of the Sovereign;
Approve non-controversial appointments to positions where delay would impair government operations, provided such appointments have been recommended by the appropriate Minister and approved by the Council of State;
Issue royal proclamations for ceremonial occasions, national holidays, and administrative purposes not involving major policy;
Perform administrative functions of the Crown, including signing commissions for military officers, approving routine grants and charters, and executing documents required by law;
Exercise such other routine functions as the Sovereign may specifically delegate in the Letters Patent of appointment.
All powers exercised by Counsellors of State are exercised in the name and on behalf of the Sovereign.
Actions of Counsellors of State shall have the same legal effect as if performed by the Sovereign personally, subject to the limitations in this Act.
10. PROHIBITED ACTIONS.
Counsellors of State shall not:
Give Royal Assent to any legislation passed by the Cortes Federales;
Take any action that would bind the Sovereign after their return beyond what is necessary for routine administration;
Exercise any power of major constitutional or political significance.
If legislation requiring Royal Assent is passed by the Cortes Federales during the Sovereign's absence, the legislation shall be held until the Sovereign's return or, if urgency requires, the Sovereign may give assent remotely by instrument transmitted through secure means and countersigned by the President of the Government.
Any action taken by Counsellors of State in violation of this section shall be void and of no legal effect.
11. REQUIREMENT TO ACT COLLECTIVELY.
Counsellors of State must act collectively, with at least two Counsellors agreeing to any action before it is taken.
No single Counsellor of State may exercise delegated powers individually, except for:
Attending purely ceremonial functions where no decision or official action is required;
Receiving routine documents or correspondence for later consideration by the Counsellors collectively.
When Counsellors of State act collectively, they shall:
Consult and reach agreement before taking action;
Sign documents jointly or, if geographic separation prevents joint signature, confirm their agreement in writing;
Maintain records of their deliberations and decisions.
If Counsellors of State disagree on whether a proposed action is within their authority or is advisable, they shall refer the matter to the Council of State for guidance.
12. COUNTERSIGNATURE REQUIREMENT.
All significant actions of Counsellors of State shall require countersignature by the President of the Government or, when appropriate, by a competent Minister designated by the President of the Government, in accordance with Article 28 of the Proclamation of Punta Santiago.
For purposes of this section, "significant actions" include:
Signing official documents having legal effect;
Receiving diplomatic credentials;
Approving appointments;
Issuing proclamations;
Any action beyond purely ceremonial attendance.
Routine correspondence and administrative matters not having legal effect need not be countersigned.
PART IV ACCOUNTABILITY AND OVERSIGHT.
13. OVERSIGHT BY COUNCIL OF STATE.
The Council of State shall exercise oversight of Counsellors of State during delegation periods.
The Council of State shall:
Review proposed actions by Counsellors to ensure compliance with this Act;
Provide guidance on whether proposed actions fall within delegated authority;
Monitor the Counsellors' exercise of delegated powers;
Report to the Sovereign and the Cortes Federales if Counsellors exceed their authority or act improperly.
The Council of State may suspend or limit the authority of Counsellors of State if it determines they are acting beyond their delegated powers, subject to immediate review by the Sovereign or, if the Sovereign is unavailable, by the Cortes Federales.
14. REPORTING REQUIREMENTS.
Counsellors of State shall report weekly to the Sovereign (if practical given the nature of the absence) and to the Council of State on all significant actions taken.
Weekly reports shall include:
A list of documents signed and actions taken;
Any matters referred to the Council of State for guidance;
Any issues or concerns arising in the exercise of delegated authority.
Upon conclusion of each delegation period, Counsellors of State shall prepare a final comprehensive report documenting:
All actions taken during the delegation period;
All documents signed and their purposes;
Any difficulties encountered or questions of interpretation arising;
Recommendations for clarification or amendment of this Act.
The final report shall be submitted to the Sovereign and to the Cortes Federales within thirty days of the Sovereign's return.
15. RECORDS AND DOCUMENTATION.
Counsellors of State shall maintain detailed records of all actions taken, decisions made, and documents signed during each delegation period.
Records shall include:
Minutes of meetings and consultations among Counsellors;
Copies of all documents signed;
Correspondence with the Council of State;
Any legal advice received.
Records shall be preserved as part of the official archives of the Royal Household and shall be available for review by the Sovereign, the Council of State, and the Cortes Federales.
16. JUDICIAL REVIEW.
The High Court of Justice shall have jurisdiction to determine whether actions taken by Counsellors of State fall within their delegated authority.
Any person affected by an action of Counsellors of State may petition the High Court for a determination of whether the action was authorized under this Act.
If the High Court determines that an action exceeded the authority of Counsellors of State, that action shall be void and of no effect.
The High Court may issue declaratory judgments clarifying the scope of Counsellors' authority to provide guidance for future delegations.
PART V RELATIONSHIP TO REGENCY.
17. DISTINCTION FROM REGENCY.
Counsellors of State exercise limited delegated authority during temporary absence and do not assume the full powers and status of a Regent.
Temporary absences expected to last less than six months shall be handled through Counsellors of State under this Act, not through full Regency.
18. TRANSITION TO REGENCY.
If a temporary absence handled through Counsellors of State extends beyond six months, the authority of Counsellors shall automatically terminate and a Regency must be established under the Regency Act, 1750.
The Council of State shall monitor the duration of absences and shall, as the six-month point approaches, initiate procedures to establish a Regency if the Sovereign will not return.
Upon establishment of a Regency:
The Counsellors of State shall surrender all delegated authority to the Regent;
The Counsellors shall prepare a final report documenting all actions taken and the state of pending matters;
The Regent shall assume full royal functions as provided in the Regency Act, 1750.
19. COUNSELLORS DURING REGENCY.
During a Regency established under the Regency Act, 1750, the Regent exercises royal functions and Counsellors of State are not needed.
If the Regent must be temporarily absent for less than two weeks, the Regent may designate one or more members of the Council of State to handle urgent matters, but this does not constitute appointment of Counsellors of State under this Act.
If the Regent must be absent for more than two weeks, the procedures in the Regency Act, 1750 shall govern.
PART VI SPECIAL PROVISIONS.
20. EMERGENCY SITUATIONS.
If the Sovereign becomes suddenly and unexpectedly unavailable and has not appointed Counsellors of State, the Council of State may, by unanimous decision, designate eligible persons to act as emergency Counsellors pending formal appointment or establishment of a Regency.
Emergency Counsellors designated under this section:
Must meet all qualifications under Section 5;
Operate under a distinct legal basis (emergency declaration by the Council of State) rather than Letters Patent;
May exercise only the most essential functions necessary to prevent disruption of government;
Shall serve only until formal Counsellors can be appointed or a Regency established, and in no case for more than fourteen days.
The emergency declaration by the Council of State shall:
Identify the circumstances necessitating emergency designation;
Name the persons designated as emergency Counsellors;
Specify the essential functions they may perform;
Be signed by all members of the Council of State present and published in the Federal Gazette as soon as practicable.
Actions taken by emergency Counsellors in good faith and within the scope of their emergency authority shall be validated retroactively upon:
Formal appointment of Counsellors of State by Letters Patent; or
The Sovereign's return and express ratification; or
Resolution of the Cortes Federales confirming the actions taken.
The Council of State shall immediately notify the Cortes Federales when emergency Counsellors are designated and shall report all actions taken.
21. COMMUNICATION WITH ABSENT SOVEREIGN.
Counsellors of State shall maintain communication with the Sovereign during absence to the extent practical and shall:
Consult the Sovereign on any matters of significance or uncertainty;
Keep the Sovereign informed of important developments;
Seek the Sovereign's guidance when questions arise about the scope of delegated authority.
Modern communications technology shall be used to facilitate consultation, including secure video conferencing, encrypted communications, and other appropriate means.
If communication with the Sovereign becomes impossible due to emergency or other circumstances, Counsellors shall consult the Council of State before taking any action beyond the most routine matters.
22. OATH OF COUNSELLORS.
Before exercising delegated authority for the first time, each Counsellor of State shall take the following oath before the President of the Government and the Chief Justice:
"I do solemnly swear that I will faithfully and diligently discharge the duties of Counsellor of State. I will exercise only those powers delegated to me by His/Her Majesty the Sovereign and will respect the limitations imposed by law. I will act in the best interests of the Federation and will uphold the Constitution and laws. So help me God."
The oath need not be repeated for subsequent appointments as Counsellor, unless a period of more than five years has elapsed since the previous oath.
22A. ALTERNATIVE OATH FOR NON-RELIGIOUS COUNSELLORS.
Where a Counsellor of State objects to the religious invocation at the conclusion of the oath in Section 22(1), the following alternative affirmation may be used:
"I do solemnly and sincerely affirm that I will faithfully and diligently discharge the duties of Counsellor of State. I will exercise only those powers delegated to me by His/Her Majesty the Sovereign and will respect the limitations imposed by law. I will act in the best interests of the Federation and will uphold the Constitution and laws."
The alternative affirmation shall have the same legal effect as the oath in Section 22(1).
PART VII FINANCIAL PROVISIONS.
23. EXPENSES OF COUNSELLORS OF STATE.
Counsellors of State shall serve without additional compensation beyond any allowances they may already receive as members of the royal family under the Civil List Act, 1699.
Counsellors of State shall be reimbursed for reasonable expenses incurred in the discharge of their duties, including:
Travel expenses for attending functions or meetings;
Communication expenses;
Administrative support costs;
Such other reasonable expenses as may be approved by the Council of State.
Expenses shall be funded from the Civil List appropriation for the Royal Household.
A new section authorizing appropriations for the administrative costs and expenses of Counsellors of State as established by the Counsellors of State Act, 1750, including reimbursement for expenses incurred in the discharge of their duties.
The appropriations authorized by this section shall be included in the annual Civil List budget submitted to the Cortes Federales and shall be subject to the oversight and accountability provisions of the Civil List Act, 1699.
These appropriations shall be in addition to and separate from the appropriations authorized by Section 48A of the Royal Marriages Act, 1750 for consort-related expenses and Section 26A of the Regency Act, 1750 for Regency-related expenses.
In the event of any conflict between this Act and the Proclamation of Punta Santiago, the Proclamation shall prevail.
In the event of any conflict between this Act and the Regency Act, 1750, the Regency Act shall prevail regarding establishment of full Regencies.
24A. LEGISLATIVE HIERARCHY.
For purposes of interpreting and applying the monarchy legislation package of 1750 AN, the following hierarchy shall apply in the event of any conflict not otherwise resolved by specific provisions:
This Act may be amended by the Cortes Federales in accordance with ordinary legislative procedures.
Any amendment substantially altering the powers or limitations of Counsellors of State shall require a two-thirds vote in the Federal Assembly.
26. REGULATIONS.
The President of the Government, in consultation with the Council of State, may promulgate regulations to implement this Act, including:
Detailed procedures for appointment and oaths;
Protocols for communication among Counsellors;
Record-keeping and reporting formats;
Security procedures for delegated authority during the Sovereign's absence.
All regulations shall be published in the Federal Gazette and shall be subject to review by the Cortes Federales.
27. COMMENCEMENT.
This Act shall come into force thirty days after receiving Royal Assent.
This Act shall apply to all temporary absences of the Sovereign occurring after commencement.
The Sovereign may appoint Counsellors of State under this Act immediately upon commencement for any planned absence.
This Act shall apply to all of the Federation of Nouvelle Alexandrie.
This Act shall not become law unless it has been given Royal Assent.
This Act shall be published and made publicly available through the Federal Gazette and through official publications of the Cortes Federales.
In the event any provision of this Act is found to be invalid or unenforceable, only that particular provision, and not the entire Act, shall be inoperative.
28. SHORT TITLE.
This Act may be cited as the Counsellors of State Act, 1750.
