Basic Law of Avalya
The Basic Law is the primary governing document of Avalya. It was signed in 1520 oo-Avus under Daos oo-Tzavina and Avus k'Yannflesa
The Basic Law of Avalya
Understanding that this nation, The Avusic Republic of Avalya, cannot survive on the Avusic Declarations and Divine Charter and, through their conditions, allow the government to be taken control of or revoked by any one person or group of persons, be they divine, military, or civilian, we of k’Tanar Avusic, sacred council of Lord Avus and k’Tanar Avalyic, chosen assembly of Avalya, with support of the people of Avalya and in the Spirit of Heaven and Earth, draft this Basic Law of Avalya as the supreme governing document of our land.
Chapter I: The Rights and Duties of the Citizens of Avalya
Article 1: First Right All Avalyics shall be guaranteed the First Right of Avus. No Avalyic shall be made a serf to a feudal lord. No Avalyic may be taxed by someone who does not derive his power from the people. All Avalyic have the right to move from place to place. All Avalyics may form with their peers Communes and Villages that will work for the good of all. Avalya shall be guaranteed Democracy, so as to prevent tyrannical rule. All Avalyics shall determine their own destinies.
Article 2: Right of Expression and Assembly All Avalyics shall be allowed to speak freely, assemble with their peers, form guilds and organizations, carry out peaceful political demonstration, and print freely. All Avalyics shall have the right not to practice Avism.
Article 3: Right of the Individual All Avalyics shall have the right to maintain their cultural and political identities. The government must respect the various ethnicities and languages of Avalya. All political parties are guaranteed the ability to participate in the government of Avalya, be that the will of the People
Article 4: Right of Equality All Avalyics shall be treated equally by the government and their fellow man. All government positions shall be open to all Avalyics. All Avalyics shall have equal opportunity to education. The law shall treat all Avalyics equally.
Article 5: Right of Security All Avalyics shall have the right to security of person and property. No Avalyic shall be killed before his natural time of death. All Avalyics shall have access to the law.
Article 6: Duty to the Common Good All Avalyics shall work for the common good of their fellow man, their community, and their nation.
Article 7: Duty to Honor Rights All Avalyics must honor the spirit of the rights given to them. Failure to do so may result in suspension of these rights.
Article 8: Duty to Defend Avalya All Avalyics must stand to defend their community in time of need.
Article 9: Duty to Obey the Laws of Avalya All Avalyics must obey the Laws of Avalya. If an Avalyic has been accused of violating a law, he shall stand to defend himself before his community.
Article 10: Duty to Select the Government of Avalya All Avalyics of the ages of 16 and older shall have the honor to, if they choose to do so, elect their government at all levels. The People of Avalya must select the government.
Chapter II: K’Tanar Avalyic
Article 11: Elections Elections for k’Tanar Avalyic shall take place on Sa’avas (1st of Seklal) and results shall be released no later than 40 days afterward. Each Avalyic 15 years old or older shall have a vote. Each village, commune, and municipality shall have a polling station, which shall report to the capital of the province no later than 15 days after the election with its results. The province shall add these results and report them to the national government in Avalya no more than 30 days after the election. Avalya shall calculate the votes and release the result. Each citizen may choose one party to vote for. Each party having gained one percent of the vote the previous year (established parties) shall be on the ballot. Other registered parties may be written down on the ballot. Each polling station shall have a list of registered parties. Established parties must submit a list of 60 candidates for k’Tanar Avalyic. The election board shall divide the 60 seats of k’Tanar Avalyic according to the percentage of vote earned by each party. Each party will be allowed to send to k’Tanar Avalyic the number of candidates from the top of the list equal to the number of seats they have received. Other parties shall be asked for candidates if they have received any seats.
Article 12: Assembly and Term of k’Tanar Avalyic K’Tanar Avalyic shall be in session year-round with the exception of vacations and recesses. It may never be dissolved until the day before new Legislators are to take their seats. This shall happen 20 days after election results have been announced. On this day, the Legislators elected for the coming year shall come to the lawn in front of k’Tanar Avalyic to affirm their allegiance to Avalya and the People.
Article 13: Proceedings K’Tanar Avalyic shall be divided up by party affiliation. The leader of k’Tanar Avalyic shall be the Lord Speaker of k’Tanar Avalyic. He shall be chosen by Lord Avus to be an independent moderator to the chamber. The Lord Speaker shall call on the various Legislators to speak in accordance to the Rules of Procedure drafted by the chamber.
Article 14: Testimony K’Tanar Avalyic may, from time to time, request, allow, or demand that an individual testify before them on an issue. Only Lord Avus shall be exempt from testimony if he chooses so.
Article 15: Passage of Laws A bill may be brought before k’Tanar Avalyic by any legislator or group of legislators. They shall read the bill before the chamber. The legislators may then submit a list of suggestions in writing to the sponsor or sponsors for revision. After the bill has been revised as it has been seen fit, it shall be brought again before the chamber, which shall decided by a majority vote whether it is to be voted upon. If it is not voted upon, the bill must be revised again. Most laws shall be voted upon by a simple majority, with each legislator voting independently. However, if all parties consent to the passage of a law, it shall pass without a vote. Declarations of War and Emergency and alterations to Basic Law and Rules of Procedure shall require a two-thirds vote. K’Tanar Avalyic shall additionally be the only body of government granted power to manage the finances of the National Government and ratify international treaties.
Article 16: Removal from Office K’Tanar Avalyic may remove any person from office for crimes committed or derogation of duties. This removal shall be done by a two-thirds vote.
Chapter III: The Lord High Chancellor
Article 17: Description of Duties The Lord High Chancellor shall be the Head of the Government of Avalya. He shall be responsible for the various Chancellors and shall be the direct link between the Chambers. He and Avus together shall be the Lords of Avalya.
Article 18: Selection of the Lord High Chancellor The Lord High Chancellor shall be chosen by k’Tanar Avalyic. When k’Tanar Avalyic believes that the Lord High Chancellor no longer represents their views or if he has failed to uphold his position, they shall motion for a Vote of No Confidence. After the motion is made, k’Tanar Avalyic shall elect a new Lord High Chancellor. If none is chosen, the motion may not continue. If a new Lord High Chancellor is chosen, k’Tanar Avalyic shall recess for no less than a day and no more than three days. Upon reconvening, the Vote of No Confidence shall be carried out. If it passes by a simple majority, the Lord High Chancellor elected in the previous session shall replace the outgoing Lord High Chancellor elected in the previous session.
Article 19: Eligibility The Lord High Chancellor shall be a legislator of eligible age. Upon election, he must resign his position as legislator and any other positions in government. A Lord High Chancellor may not serve for more than six years.
Article 20: The Secondary High Chancellor The Lord High Chancellor, with the consent of k’Tanar Avalyic, shall select a Secondary High Chancellor. He shall be an active Legislator. If the Lord High Chancellor is absent or unable to conduct his duties, the Secondary High Chancellor may temporarily take his place. If the Lord High Chancellor dies, resigns, serves for more years, or is removed from office in any other way, the Secondary High Chancellor shall take his place until a new Lord High Chancellor has been chosen. If a new Lord High Chancellor has not been chosen for three months, the Secondary High Chancellor must abandon his seat as a Legislator and resume the full title of Lord High Chancellor.
Article 21: Powers of the Lord High Chancellor The Lord High Chancellor shall have the power to: Nominate members of k’Tanar Avusic, define the agenda of k’Tanar Avusic, call for emergence assemblies of both Chambers, request a State of Emergency, propose legislation, form temporary commissions, and represent the Nation and People of Avalya at home and abroad. Periodically, he shall report to k’Tanar Avalyic on his goals and progress.
Chapter IV: K’Tanar Avusic
Article 22: Composition K’Tanar Avusic shall be composed of the Chancellors of Avalya, Lord Avus, and the Lord High Chancellors. The Chancellors shall be responsible for managing their respective Chancelleries. The Chancellor posts and Chancelleries shall be decided by k’Tanar Avalyic, passed as law. K’Tanar Avusic shall be responsible for executing the legislation passed by k’Tanar Avalyic and for regulating and monitoring national services and departments.
Article 23: Nomination of the Chancellors The Lord High Chancellor shall have the sole power to nominate and dismiss Chancellors. Chancellors must be of eligible age, but not necessarily be Legislators. No Chancellor may hold another government position in addition to their post as Chancellor. When a vacancy of a Chancellor has arisen, be it through dismissal, death, or other cause, the Lord High Chancellor shall nominate another individual for the position. K’Tanar Avalyic shall then vote on the selection of a nominee, a majority vote being needed for approval. A new Chancellor may not be nominated before a vacancy exists. If there is no Chancellor at a given position, the senior Underchancellor of that Chancellery shall take his position in the interim. Chancellors shall have not term limit. A new Lord High Chancellor may also dismiss k’Tanar Avusic en bloc upon his election by K’Tanar Avalyic.
Article 24: Assembly K’Tanar Avusic shall be in session year-round with the exception of vacations and recesses. It may never be dissolved. Both Lords of Avalya shall have the power to call k’Tanar Avusic into session at any time.
Article 25: Proceedings K’Tanar Avusic shall be presided over by Lord Avus. However, the Lord High Chancellor shall be responsible for setting the agenda. Additionally, certain Chancellors may be selected to meet alone, as determined by the Lord High Chancellor. If a pressing and dire situation occurs during the temporary recess of k’Tanar Avalyic or if k’Tanar Avalyic has not reached consensus on such an issue, k’Tanar Avalyic may draft emergency legislation or resolutions. Both shall be immediately overturned by k’Tanar Avalyic once a decision has been made in that chamber. At the conclusion of an important or emergency decision, a member of k’Tanar Avusic shall be designated to report to k’Tanar Avalyic on the issue.
Article 26: Nullification Any decision in k’Tanar Avusic may be nullified in k’Tanar Avalyic by a majority vote.
Chapter V: The Lord Patriarch
Article 27: Description of Duties and Powers Lord Avus shall be designated the Lord Patriarch of Avalya. He shall be the Head of State of Avalya. Additionally, he shall sit on k’Tanar Avusic, nominate the Lord Speaker, and represent Avalya when asked to do so by the Lord High Chancellor. He shall also on occasion speak before k’Tanar Avalyic to advise them on issues under consideration. He shall be the spirit of the Avalyic People.
Chapter VI: Provincial Governments
Article 28: Establishment of Provinces For the purpose of local governance, Avalya shall be divided into Provinces based on size and ethnic and cultural composition. The provinces of Avalya shall include Avalya, Pretna, Klasdea, Tolde, Santili, Semantarea, Ma’avar, Shantarea, and Isnorea. Their borders shall be determined by k’Tanar Avalyic. K’Tanar Avalyic may also create and reorganize provinces as they see fit.
Article 29: Government of Provinces Each province shall have a government consisting of a Provincial Lord and a Provincial Assembly. The provincial government shall be subordinate in every way to the national government. Provincial governments shall be responsible for the local management of government agencies, as well as the local management of land, cultural affairs, and education. Each provincial government shall pass a Provincial Charter, which shall be ratified by k’Tanar Avalyic before entering use.
Article 30: The Provincial Assembly Four times annually, each commune shall send forth to the capital of the province a delegate for the Provincial Assembly. They shall assemble and discuss the goals of the province. At the conclusion of each summer Assembly, the delegates shall appoint individuals to manage the Interim Assembly of the province for one year. The Provincial Assembly shall follow the regulations set down in detail in that province’s Provincial Charter.
Article 31: The Provincial Lord The Provincial Lord shall be popularly elected annually in each province. The Provincial Assembly shall nominate candidates to be the Provincial Lord during the summer meeting. The election shall follow regulations set down in detail in that province’s Provincial Charter. The Provincial Lord shall organize the provincial government as directed by the Provincial Charter.
Chapter VII: Local Governments
Article 32: Definition of Local Governments Land in Avalya shall be divided into units of local government, namely cities, villages and municipalities. Each shall have a local democratic government and the government offices necessary to conduct civil society. Each shall operate according to its constitution, which shall be written by its citizens.
Article 33: Municipal Government A municipality shall be any group of communes, be they agricultural or otherwise, which pool their collective resources to share necessary tasks, such as education and justice. Each municipality shall have a Council of Representatives selected by the members of the various communes. Additionally, the entire municipality shall have regular assemblies at important holidays. The municipality shall be responsible for a civil court, a school, and necessary government offices.
Article 34: Village governments A village shall be any commercial or industrial area without surrounding lands that is still small enough to hold assemblies. Each village shall have an Elected Council selected by popular election. Additionally, the entire village shall have regular assemblies at important holidays. The municipality shall be responsible for a civil court, a school, and necessary government offices, including those needed by the surrounding communes that they cannot provide themselves.
Article 35: City governments A city shall be a village that is no longer small enough to hold public assemblies. Each city shall have an Elected Council, selected by popular election. The city shall be responsible for a civil and criminal court, a school and secondary school, and necessary government offices, including those that cannot be provided in the surrounding areas.
Article 36: Unorganized Territory If an area is unable to govern itself due to sparse population, it may be considered Unorganized Territory and be ruled directly by the province. Provinces must provide those living in unorganized territory access to necessary government services.
Chapter VIII: Justice
Article 37: The Justice System of Avalya The justice system of Avalya shall be based on Avusic Law; granting the rights given by the Avuses of old to all in the nation. All laws shall apply to all persons unless conditions exist that prevent this from occurring within reason.
Article 38: Management of the Justice System The Chancellor of Law of Avalya shall control the justice system on a national and provincial level. Local governments shall control their own justice systems.
Article 39: The Court of Review The Court of Review shall consist of seven members appointed by k’Tanar Avalyic every five years. They shall sit in the City of Avalya and rule on conflicts and contradictions between laws. Any judge may request a case to the Court of Review and it is obligated to rule.
Article 40: The Civil Court System Each municipality, village, and city must have a civil court consisting of three, five, or seven judges, respectively. Judges shall be elected for life. If a conflict exists between two entities from different local divisions, their case shall be heard in the local division in which the conflict occurred or, if this is indeterminable, in the division of the defendant. All laws of that division shall apply. If one or both parties believe their decision was improperly decided, they may request that the court hear their case again. The court may choose to hear their appeal. Parties may also appeal to the local government, if they feel justice will not be provided in the court. The government may choose to hear their appeal.
Article 41: The Criminal Court System Each province shall divide itself into judicial districts, one based around each city. Each district shall elect five judges for life to the criminal court. Trials shall always be heard in the district in which the crime was committed. If the accused does not believe he was given fair justice, he may appeal to the Court of Review. If the Court of Review believes that justice was not given, they may request that the trial be held again or in another court.
Chapter IX: Defense
Article 42: Organization of the Avalyic Defense Force The Avalyic Defense Force shall be placed under the control of the Chancellor of Defense of Avalya. He shall organize a standing army and navy. He shall appoint the Commander of Avalya and have review power over him. K’Tanar Avalyic may overturn any military action.
Article 43: Overturn of Military Action K’Tanar Avalyic may overturn any military action. They shall have power over any official at any time.
Article 44: Declaration of a State of Defense If, due to war, civil unrest, natural disaster, or other pressing reason, k’Tanar Avalyic feels it necessary to grant emergency powers to k’Tanar Avalyic, they may do so. This shall require a two-thirds majority vote. It must be reinstated every month by a similar vote. If, for some reason, the State of Defense is no longer considered necessary or if the leaders have abused their power, it may be ended by a similar vote or by a simple majority and the approval of Lord Avus. K’Tanar Avalyic may not recess during a State of Defense and may not be dissolved.
Article 45: Governmental Organization During a State of Defense During a State of Defense, all powers shall be given to k’Tanar Avusic and the Lord High Chancellor. The Chancellor of Defense must still control the Avalyic Defense Force. All rights must be given during this period. The Lord High Chancellor and Chancellor of Defense must report to k’Tanar Avalyic daily on their actions. If the leaders of the State of Defense violate a right, the Court of Review may overturn their actions. The terms of judges on the Court of Review may not expire during a State of Defense.
Article 46: The Avalyic Militia As per Article 8, Avalya shall organize a militia to protect its lands from invaders. The Chancellery of Defense shall organize and fund it on a national level with each local government organizing its on militia unit. The militia may not be used for offensive actions.
Chapter X: Concluding Articles
Article 47: The Capital of Avalya The national government of Avalya shall be based in the ancient city of Avalya.
Article 48: The Flag of Avalya The Flag of Avalya shall be a tricolor of three horizontal bands. The top band shall be green, for hope, the middle band shall be black, for fortitude, and the bottom band shall be orange, for courage. It shall be the same flag used since the times before Avus. Lord Avus shall use his own flag for his own purposes.
Article 49: The Anthem of Avalya The anthem of Avalya shall be Avus ay-Avalya, which shall also be the nation’s motto. Lord Avus may have his own anthem for religious and Avusic purposes.
Article 50: Modifications to the Basic Law The Basic Law may be modified with a two-thirds majority vote in k’Tanar Avalya. Modifications must be presented to the People of Avalya in the next election for ratification.
Article 51: Establishment of the Basic Law The Basic Law shall come into effect through a two-thirds majority vote in K’Tanar Avalyic, approval by the Lords of Avalya, and ratification by the People of Avalya in the election taking place on the festival of Sa’avas in the one thousandth fifteen hundredth and twenty-first year of Avus. The Basic Law is the primary governing document of Avalya. It was signed in 1520 oo-Avus under Daos oo-Tzavina and Avus k'Yannflesa
