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Basic Law of the Arthurian Federation [Please Do Not Post]

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Basic Law of the Arthurian Federation [Please Do Not Post]

Postby The Arthurian Isles » Fri Mar 25, 2016 10:30 am

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The Basic Law of the Arthurian Federation is the constitutional document of Arthuria. It outlines the fundamental rights of the Arthurian people, the composition of the Federation, the powers of its cantons, and the administration of its executive, legislative and judicial bodies.

The Basic Law was promulgated in 954 A.R. (1864 AD) after Arthuria's civil war. The constitutional convention which established the document was assembled from representatives of all twelve cantons, at that point overwhelmingly in favour of social democratic reforms following the Liberal victory in their conflict with the Conservatives. Their focus was to create a coherent administrative system to replace the unwritten conventions of the former government, and to enshrine in law the fundamental rights of the Arthurian people, backed by a strong judiciary. After the rapid industrialisation of Arthuria, thought was also given to environmental protections.

The Federal Basic Law was the first Nocturian document to include explicit references to a directorial democratic system which is practised in Arthuria to the present day. In keeping with the prevailing theory of democratisation, elements of direct democracy were also inserted into the Basic Law, though they were tempered by the so-called 'unifying force' of a monarchical head of state, the Raðmaður, Arthuria's Steward. Although hotly debated at the time (and, sometimes, in the present day also) the Raðmaður is not a traditional constitutional monarch. Lacking all political power, they act as a symbolic face for the Arthurian state and claim their legitimacy not through their bloodline but through the Arthurian people; they are elected from amongst the citizenry through an electoral college of sorts. This makes the Arthurian Federation one of the few countries in the world which is technically an elective, non-hereditary, constitutional principality acting under a semi-direct directorial parliamentary democracy.

The Basic Law has been regularly amended throughout its history, predominantly through Citizens' Initiatives. The last amendment, in 1099 A.R. (2009 AD), added the so-called 'debt brake', avoiding chronic structural imbalances in the Federal Government's finances.
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Postby The Arthurian Isles » Fri Mar 25, 2016 10:33 am

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The Arthurian People and the Cantons,

Mindful of their responsibility towards creation,

Resolved to renew their alliance so as to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world,

Determined to live together with mutual respect for their diversity,

Conscious of their common achievements and their responsibility towards future generations,

And in the knowledge that only those who use their freedom remain free, and that the strength of a people is measured by the wellbeing of its weakest members,

Adopt the following Basic Law.


I.
Basic Rights


Article 1 – Human Dignity
  1. Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.
  2. The following basic rights shall therefore bind the legislature, the executive and the judiciary as directly applicable law.

Article 2 – Personal Freedom
  1. Every person shall have the right to free development of their personality insofar as they do not violate the rights of others or offend against the constitutional order or moral law.
  2. Every person shall have the right to life and physical integrity. Freedom of the person shall be inviolable. These rights shall be interfered only pursuant to a law.

Article 3 – Equality Before the Law
  1. All persons shall be equal before the law.
  2. All Arthurians shall have equal rights regardless of gender or gender identity. The state shall promote the actual implementation of equal rights between all genders and gender identities and take steps to eliminate disadvantages that now exist.
  3. No person shall be favoured or disfavoured because of gender or gender identity, sexual orientation, parentage, race, homeland and origin, faith, or religious or political opinions. No person shall be disfavoured because of disability.

Article 4 – Freedom of Faith and Conscience
  1. Freedom of faith and conscience, and freedom to profess a religious or philosophical creed, shall be inviolable.
  2. The undisturbed practice of religion shall be guaranteed.
  3. No person shall be compelled against their conscience to render military service involving the use of arms. Details shall be regulated by a federal law.

Article 5 – Freedom of Expression, Arts and Sciences
  1. Every person shall have the right to freely express and disseminate their opinions and identity in speech, writing and pictures, and to inform themselves without hindrance from generally accessibly sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.
  2. These rights shall find their limits in the provisions of general laws, in provisions for the protections of young persons, and in the right to personal honour.
  3. Arts and sciences, teaching and research shall be free. The freedom of teaching shall not release anyone from allegiance to the Basic Law.

Article 6 – Marriage, Family and Children
  1. Marriage and the family shall enjoy special protection of the state.
  2. The care and upbringing of children is the natural right of parents and a duty primarily incumbent upon them. The state shall watch over them in the performance of this duty.
  3. Children may be separated from their families against the will of their parents or guardians only pursuant to a law, and only if the parents or guardians fail in their duties or the children are otherwise in danger of serious neglect.
  4. Every parent or guardian shall be entitled to the care and protection of the community.
  5. Children born outside of marriage shall be provided by legislation with the same opportunities for physical and mental development and for their position in society as are enjoyed by those born within marriage.

Article 7 – Education
  1. The entire school system shall be under the supervision of the state.
  2. Parents or guardians shall have the right to decide whether children shall receive religious instruction.
  3. Religious instruction shall form part of the regular curriculum in state schools, with the exception of non-denominational schools. Without prejudice to the state’s right of supervision, religious instruction shall be given in accordance with the tenets of the religious community concerned. Teachers may not be obliged against their will to give religious instruction.
  4. The right to establish private schools shall be guaranteed. Private schools that serve as alternatives to state schools shall require the approval of the state and shall be subject to the laws of the Cantons. Such approval shall be given when private schools are not inferior to state schools in their educational aims, their facilities, or the professional training of their teaching staff, and when segregation of children according to the means of their parents will not be encouraged thereby. Approval shall be withheld if the economic and legal position of the teaching staff is not adequately assured.

Article 8 – Freedom of Assembly
  1. All Arthurians shall have the right to assemble peacefully and unarmed without prior notification or permission.
  2. In the case of outdoor assemblies, this right may be limited by or pursuant to a law.

Article 9 – Freedom of Association
  1. All Arthurians shall have the right to form corporations and other associations.
  2. Associations whose aims or activities contravene the criminal laws, or that are directed against the constitutional order or the concept of international understanding, shall be prohibited.
  3. The right to form associations to safeguard and improve working and economic conditions shall be guaranteed to every individual and to every occupation or profession. Agreements that restrict or seek to impair this right shall be null and void; measures directed to this end shall be unlawful.

Article 10 – Privacy of Correspondence, Posts and Telecommunications
  1. The privacy of correspondence, posts and telecommunications shall be inviolable.
  2. Restrictions may be ordered only pursuant to a law. If the restriction serves to protect the free, democratic, basic order or the existence or security of the Federation or a Canton, the law may provide that the person affected shall not be informed of the restriction and that recourse to the courts shall be replaced by a review of the case by agencies and auxiliary agencies appointed by the legislature.

Article 11 – Freedom of Movement
  1. All Arthurians shall have the right to move freely throughout the Federal territory.
  2. This right may be limited by or pursuant to a law, and only in cases in which the absence of adequate means of support would result in a particular burden for the community, or in which such restriction is necessary to avert imminent danger to the existence of the free, democratic, basic order of the Federation or a Canton, to combat the danger of an epidemic, to respond to a grave accident or natural disaster, to protect young persons from serious neglect, or to prevent crime.

Article 12 – Occupational Freedom
  1. All Arthurians shall have the right to freely choose their occupation or profession, their place of work and their place of training. The practice of an occupation or profession may be regulated by or pursuant to a law.
  2. No person may be required to perform work of a particular kind except within the framework of a particular duty of community service that applies generally and equally to all.
  3. Forced labour may be imposed only on persons deprived of their liberty by the judgement of a court.

Article 12a – Conscription
  1. All Arthurians who have attained the age of eighteen may be required to serve in the armed forces, the police force, or in a civil defence organisation.
  2. Any person who, on grounds of conscience, refuses to render military service involving the use of arms may be required to perform alternative service. The duration of alternative service shall not exceed that of military service. Details shall be regulated by a law, which shall not interfere with the freedom to make a decision in accordance with the dictates of conscience, and which shall also provide for the possibility of alternative service not connected with units of the armed forces or police force.
  3. Persons liable to conscription who are not called upon to render service pursuant to paragraphs (1) or (2) of this Article may, when a state of defence is in effect, be assigned by or pursuant to a law to employment involving civilian services for defence purposes, including the protection of the civilian population; they may be assigned to public employment only for the purpose of discharging police functions or such other sovereign functions of public administration as can be discharged only by persons employed in public service.
  4. If, during a state of defence, the need for civilian services in the civilian health system or in stationary military hospitals cannot be met on a voluntary basis, men or women between the ages of eighteen and fifty-five may be called upon to render such services by or pursuant to a law. Under no circumstances may they be required to render service involving the use of arms.
  5. Prior to the existence of a state of defence, assignments under paragraph (3) of this Article may be made only if the requirements of paragraph (1) of Article 84 are met. In preparation for the provision of services under paragraph (3) of this Article that demand special knowledge or skills, participation in training courses may be required by or pursuant to a law. In this case, a state of defence need not be in effect.
  6. If, during a state of defence, the need for workers in the areas envisioned under paragraph (3) of this Article cannot be met on a voluntary basis, the right of Arthurian citizens to abandon their occupation or place of employment may be restricted by or pursuant to a law in order to meet this need. Prior to the existence of a state of defence, the first sentence of paragraph (5) of this Article shall apply mutatis mutandis.

Article 13 – Inviolability of the Home
  1. The home is inviolable.
  2. Searches may be organised only by a judge or, when time is of the essence, by other authorities designated by the laws, and may be carried out only in the manner therein prescribed.
  3. If particular facts justify the suspicion that any person has committed an especially serious crime specifically denied by a law, technical means of acoustical surveillance of any home in which the suspect is supposedly staying may be employed pursuant to judicial order for the purpose of prosecuting the offence, provided that alternative methods of investigating the matter would be disproportionately difficult or unproductive. The authorisation shall be for a limited time. The order shall be issued by a panel composed of three judges. When time is of the essence, it may also be issued by a single judge.
  4. To avert acute dangers to public safety, especially dangers to life or to the public, technical means of surveillance of the home may be employed only pursuant to judicial order. When time is of the essence, such measures may also be ordered by other authorities designated by a law; a judicial decision shall subsequently be obtained without delay.
  5. If technical means are contemplated solely for the protection of persons officially deployed in a home, the measure may be ordered by an authority designated by a law. The information thereby obtained may be otherwise used only for purposes of criminal prosecution or to avert danger and only if the legality of the measure has been previously determined by a judge; when time is of the essence, a judicial decision shall subsequently be obtained without delay.
  6. The Federal Government shall report to the Folkting annually as to the employment of technical means pursuant to paragraph (3) and, within the jurisdiction of the Federation, pursuant to paragraph (4) and, insofar as judicial approval is required, pursuant to paragraph (5) of this Article. A panel elected by the Folkting shall exercise parliamentary oversight on the basis of this report. A comparable parliamentary oversight shall be afforded by the Cantons.
  7. Interferences and restrictions shall otherwise only be permissible to avert a danger to the public or to the life of an individual, or, pursuant to a law, to confront an acute danger to public safety and order, in particular to relieve a housing shortage, to combat the danger of an epidemic, or to protect young persons at risk.

Article 14 – Property, Inheritance and Expropriation
  1. Property and the right of inheritance shall be guaranteed. Their content and limits shall be defined by the laws.
  2. Property entails obligations. Its use shall also serve the public good.
  3. Expropriation shall only be permissible for the public good. It may only be ordered by or pursuant to a law that determines the nature and extent of compensation. Such compensation shall be determined by establishing an equitable balance between the public interests and the interests of those affected. In the case of dispute concerning the amount of compensation, recourse may be had to the ordinary courts.

Article 15 – Socialisation
  1. Land, natural resources, and the means of production may for the purpose of socialisation be transferred to public ownership or other forms of public enterprise by a law that determines the nature and extent of compensation. With respect to such compensation, the third and fourth sentences of paragraph (3) of Article 14 shall apply mutatis mutandis.

Article 16 – Citizenship and Extradition
  1. No Arthurian may be deprived of their citizenship. Citizenship may be lost only pursuant to a law and against the will of the person affected only if they do not become stateless as a result.
  2. No Arthurian may be extradited to a foreign country.

Article 16a – Right of Asylum
  1. Persons persecuted on political grounds or on the grounds of identity shall have the right of asylum.
  2. By a law requiring the consent of the Landting, states may be specified in which, on the basis of their laws, enforcement practices and general political conditions, it can be safely concluded that neither political persecution nor inhuman or degrading treatment or punishment exists. It shall be assumed that a foreigner from such a state is not persecuted, unless they present evidence justifying the conclusion that, contrary to this presumption, they are persecuted on political grounds.
  3. In the cases specified by paragraph (2) of this Article and in other cases that are plainly unfounded or considered to be plainly unfounded, the implementation of measures to terminate an applicant’s stay may be suspended by a court only if serious doubts exist as to their legality; the scope of review may be limited, and tardy objections may be disregarded. Details shall be determined by a law.

Article 17 – Right of Petition
  1. Every person shall have the right individually or jointly with others to address written requests or complaints to competent authorities and to the legislature.

Article 17a – Restriction of Basic Rights in Specific Instances
  1. Laws regarding military and alternative service may provide that the basic right of members of the Armed Forces and of alternative service freely to express and disseminate their opinions in speech, writing and pictures (first clause of paragraph (1) of Article 5), the basic right of assembly (Article 8 ), and the right of petition (Article 17) insofar as it permits the submission of requests or complaints jointly with others, be restricted during their period of military or alternative service.
  2. Laws regarding defence, including protection of the civilian population, may provide for restriction of the basic rights of freedom of movement (Article 11) and inviolability of the home (Article 13).

Article 18 – Forfeiture of Basic Rights
  1. Whoever abuses the freedom of expression, in particular the freedom of the press (paragraph (1) of Article 5), the freedom of teaching (paragraph (3) of Article 5), the freedom of assembly (Article 8 ), the freedom of association (Article 9), the privacy of correspondence, posts and telecommunications (Article 10), the rights of property (Article 14), or the right of asylum (Article 16a) in order to combat the free democratic basic order shall forfeit these basic rights. This forfeiture and its extent shall be declared by the Federal Constitutional Court.

Article 19 – Legal Remedies to the Restriction of Basic Rights
  1. Insofar as, under this Basic Law, a basic right may be restricted by or pursuant to a law, such a law must apply generally and not merely to a single case. In addition, the law must specify the basic right affected and the Article in which it appears.
  2. In no case may the essence of a basic right be affected.
  3. The basic rights shall also apply to domestic artificial persons to the extent that the nature of such rights permits.
  4. Should any person’s rights be violated by public authority, they may have recourse to the courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts. The second sentence of paragraph (2) or Article 10 shall not be affected by this paragraph.
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Postby The Arthurian Isles » Fri Mar 25, 2016 10:34 am

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II.
The Federation and the Cantons


Article 20 – The Federation
  1. The People and Cantons of Æsland, Egilfjorður, Endarhejm, Geldstrom, Grejhavn, Grønkap, Kopmaðurhavn, Lysgard, Nordmark, Steinhald, Storaeyjar and Vestmanaeyjar shall form the Arthurian Federation.
  2. The Arthurian Federation is a democratic and social federal state.
  3. All authority is derived from the people. It shall be exercised by the people through elections and other votes and through specific legislative, executive and judicial bodies.
  4. The legislature shall be bound by the constitutional order, the executive and judiciary by law and justice.
  5. All Arthurians have the right to resist any person seeking to abolish this constitutional order, if no other remedy is available.

Article 21 – Political Objectives
  1. The Federation and the Cantons shall protect the liberty and rights of the people and safeguard the independence and sovereignty of the country.
  2. The Federation and the Cantons shall promote the common welfare, sustainable development, internal cohesion and cultural diversity of the country and shall ensure the greatest possible equality of opportunity among all Arthurians.
  3. Mindful also of its responsibility towards future generations, the Federation and the Cantons shall protect the natural foundations of life and animals by legislation and, in accordance with law and justice, by executive and judicial action, all within the framework of the constitutional order.

Article 21a – Social Objectives
  1. The Federation and the Cantons shall, as a complement to personal responsibility and private initiative, endeavour to ensure that:
    1. All Arthurians have access to social security.
    2. All Arthurians have access to the healthcare that they require.
    3. Families are protected and encouraged as communities of adults and children.
    4. All Arthurians who are fit to work can earn their living by working under fair conditions.
    5. All Arthurians seeking accommodation for themselves and their family can find suitable accommodation on reasonable terms.
    6. Children and young people as well as persons of employable age can obtain an education and undergo basic and advanced training in accordance with their abilities.
    7. Children and young people are encouraged to develop into independent and socially responsible people and are supported in their social, cultural and political integration.
  2. The Federation and the Cantons shall endeavour to ensure that every person is protected against the economic consequences of old age, invalidity, illness, accident, unemployment, maternity, paternity, being orphaned and being widowed.
  3. The Federation and the Cantons shall endeavour to achieve these social objective within the scope of the constitutional order and the resources available to them.
  4. No direct right of state benefits may be established on the basis of these social objectives.

Article 22 – Political Parties
  1. Political parties shall participate in the formation of the political will of the people. They may be freely established. Their internal organisation must conform to democratic principles. They must publicly account for their assets and for the sources and use of their funds.
  2. Parties that, by reason of their aims or the behaviour of their adherents, seek to undermine or abolish the free, democratic, basic order or to endanger the existence of the Arthurian Federation shall be unconstitutional. The Federal Constitutional Court shall rule on the question of unconstitutionality.
  3. Details shall be regulated by federal laws.

Article 23 – International Bodies
  1. The Federation may by a law transfer sovereign powers to an international body.
  2. Insofar as the Cantons are competent to exercise state powers and perform state functions, they may, with the consent of the Federal Government, transfer sovereign powers to an international body.
  3. With a view to maintaining peace, the Federation may enter into a system of mutual collective security; in doing so it shall consent to such limitations upon its sovereign powers as will bring about a secure and lasting peace within an international body.
  4. For the settlement of disputes between members of international bodies, the Federation shall accede to agreements providing for general, comprehensive and compulsory international arbitration.

Article 24 – Arms Control
  1. Weapons designed for warfare may be manufactured, transported or marketed only with the permission of the Federal Government. Details shall be regulated by a federal law.

Article 25 – Merchant Fleet
  1. All Arthurian merchant vessels shall constitute a unitary merchant fleet.

Article 26 – Cantonal Constitutions
  1. The constitutional order in the Cantons must conform to the principles of a democratic and social state governed by the rule of law, within the meaning of this Basic Law. In each Canton, Commune and Ward the people shall be represented by a body chosen in general, direct, free, secret and equal elections or else through a local assembly.
  2. The Federation shall guarantee that the constitutional order of the Cantons conforms to the basic rights and to the provisions of paragraph (1) of this Article.

Article 27 – Cantonal Boundaries
  1. The division of the federal territory into Cantons may be revised to ensure that each Canton be of a size and capacity to perform its functions effectively. Due regard shall be given in this connection to regional, historical and cultural ties, economic efficiency, and the requirements of local and regional planning.
  2. Revisions of the existing division into Cantons shall be effected by a federal law, which must be confirmed by referendum. The affected Cantons shall be afforded an opportunity to be heard.
  3. The referendum shall be held in the Canton from whose territories or parts of territories a new Canton or a Canton with redefined boundaries is to be established (affected Cantons). The question to be voted on is whether the affected Cantons are to remain as they are or whether the new Canton or the Canton with redefined boundaries should be established. The proposal to establish a new Canton or a Canton with redefined boundaries shall take effect if the change is approved by a majority in the future territory of such Canton and by a majority in the territories or parts of territories of an affected Canton taken together whose affiliation with a Canton is to be changed in the same way. The proposal shall not take effect if within the territory of any of the affected Cantons a majority reject the change; however, such rejection shall be of no consequence if in any part of the territory whose affiliation with the affected Canton is to be changed a two-thirds majority approves the change, unless it is rejected by a two-thirds majority in the territory of the affected Canton as a whole.
  4. If in any clearly defined and contiguous residential and economic area located in two or more Cantons and having at least one million inhabitants, one tenth of those entitled to vote in Folkting elections, petition for the inclusion of that area in a single Canton, a federal law shall specify within two years whether the change shall be made in accordance with paragraph (2) of this Article or that an advisory referendum shall be held in the affected Canton.
  5. The advisory referendum shall establish whether the changes the law proposes meet with the voters’ approval. The law may put forward not more than two distinct proposals for consideration by the voters. If a majority approves a proposed change of the existing division into Cantons, a federal law shall specify within two years whether the change shall be made in accordance with paragraph (2) of this Article. If a proposal is approved in accordance with the third and fourth sentences of paragraph (3) of this Article, a federal law providing for establishment of the proposed Canton shall be enacted within two years after the advisory ballot, and confirmation by referendum shall no longer be required.
  6. A majority in a referendum or in an advisory referendum shall consist of a majority of the votes cast, provided that it amounts to at least one quarter of those entitled to vote in Folkting elections. Other details concerning referenda, petitions and advisory referenda shall be regulated by a federal law, which may also provide that the same petition may not be led more than once within a period of five years.
  7. Other changes concerning the territory of the Cantons may be effected by agreements between the Cantons concerned or by a federal law with the consent of the Landting, if the territory that is to be the subject of the change has no more than 50,000 inhabitants. Details shall be regulated by a federal law requiring the consent of the Landting and of
    a majority of the Members of the Folkting. The law must provide affected Communes and Wards with an opportunity to be heard.
  8. Cantons may revise the division of their existing territory or parts of their territory by agreement without regard to the provisions of paragraphs (2) to (7) of this Article. Affected Communes and Wards shall be afforded an opportunity to be heard. The agreement shall require confirmation by referendum in each of the Cantons concerned. If the revision affects only part of a Canton’s territory, the referendum may be confined to the areas affected; the second clause of the fifth sentence shall not apply. In a referendum under this paragraph a majority of the votes cast shall be decisive, provided it amounts to at least one quarter of those entitled to vote in Bundestag elections; details shall be regulated by a federal law. The agreement shall require the consent of the Folkting.

Article 28 – Sovereign Powers of the Cantons
  1. The Federation only undertakes tasks which the Cantons are unable to perform, which require uniform regulation by the Federation, or else that are detailed as in this Basic Law.
  2. The collective body that benefits from a public service bears the costs thereof. The collective body that bears the costs of a public service may decide on the nature of that service. Universally-provided services must be made available to every person in a comparable manner.
  3. State tasks must be performed economically and in accordance with demand.

Article 29 – Co-operation Between the Federation and the Cantons
  1. The Federation and the Cantons shall support each other in the fulfilment of their duties and shall generally co-operate with each other. They owe each other a duty of consideration and support. They shall provide each other with administrative assistance and mutual judicial assistance.
  2. Disputes between Cantons or between Cantons and the Federation shall wherever possible be resolved by negotiation or mediation.
  3. In cases specified by this Basic Law, the Cantons shall participate in the federal decision-making process, and in particular in the legislative process. The Federation shall inform the Cantons of its intentions fully and in good time. It shall consult the Cantons where their interests are affected.
  4. The Cantons shall implement federal law in accordance with this Basic Law and federal legislation. The Federation and the Cantons may together agree that the Cantons should achieve specific goals in the implementation of federal law and may to that end conduct programmes that receive financial support from the Federation.
  5. The Federation shall allow the Cantons all possible discretion to organise their own affairs and shall take account of Cantonal particularities.

Article 29a – Autonomy of the Cantons
  1. The Federation shall leave the Cantons sufficient tasks of their own and respect their organisational autonomy. It shall leave the Cantons with sufficient sources of finance and contribute towards ensuring that they have the financial resources required to fulfil their tasks.
  2. The Cantons may enter into agreements with each other and establish common organisations and institutions. In particular, they may jointly undertake tasks of regional importance with each other. The Federation may participate in such organisations or institutions within the scope of its power.
  3. Agreements between Cantons must not be contrary to the law, to the interests of the Federation or to the rights of other Cantons. The Federation must be notified of such agreements.

Article 29b – Autonomy of the Communes
  1. The autonomy of the Communes is guaranteed in accordance with Cantonal law. The Federation shall take account in its activities of the possible consequences for the Communes. In doing so, it shall take account of the special position of urban areas as well as rural areas.
  2. Communes must be guaranteed the right to regulate all local affairs on their own responsibility, within the limits prescribed by the laws. Within the limits of their functions designated by a law, associations of Communes shall also have the right of self-government according to the laws. The guarantee of self-government shall extend to the bases of financial autonomy; these bases shall include the right of Communes to a source of tax revenues based upon economic ability and the right to establish the rates at which these sources shall be taxed.

Article 30 – Supremacy of Federal Law
  1. Federal law shall take precedence over Cantonal law.

Article 31 – Foreign Relations
  1. Foreign relations are the responsibility of the Federation.
  2. The Federation shall ensure that the independence of Arthuria and its welfare is safeguarded; it shall in particular assist in the alleviation of need and poverty in the world and the conservation of natural resources.
  3. The Cantons shall be consulted on foreign policy decisions that affect their powers or their essential interests. In such cases, the Cantons shall participate in international negotiations in the appropriate manner.

Article 32 – Public Service
  1. Neither eligibility for public office, nor rights acquired in the public service shall be dependent upon religious affiliation. No one may be disadvantaged by reason of adherence or non-adherence to a particular religious denomination or philosophical creed.
  2. The exercise of sovereign authority on a regular basis shall, as a rule, be entrusted to members of the public service who stand in a relationship of service and loyalty defined by public law.
  3. The law governing the public service shall be regulated and developed with due regard to the traditional principles of the professional civil service.
  4. Civil servants employed by the highest federal authorities shall be drawn from all Cantons in an appropriate proportion. Persons employed by other federal authorities shall, as a rule, be drawn from the Canton in which they serve.
  5. Every Arthurian shall be equally eligible for any public office according to their aptitude, qualifications and professional achievements.

Article 33 – Violation of Official Duty
  1. If any person, in the exercise of a public office entrusted to them, violates their official duty to a third party, liability shall rest principally with the state or public body that employs them. In the event of intentional wrongdoing or gross negligence, the right of recourse against the individual officer shall be preserved. The ordinary courts shall not be closed to claims for compensation or indemnity.

Article 34 – Legal and Administrative Assistance
  1. All federal and Cantonal authorities shall render legal and administrative assistance to one another.
  2. In order to maintain or restore public security or order, or to respond to a grave accident or natural disaster, a Canton in particularly serious cases may call upon personnel and facilities of the Førensamstaten Logreglan to assist its authorities when without such assistance they could not fulfil their responsibilities, or could do so only with great difficulty. A Canton may also call upon the administrative resources of other Cantons or the Federation in such cases, or upon the assistance of the armed forces.
  3. If the natural disaster or accident endangers the territory of more than one Canton, the Federal Government, insofar as is necessary to combat the danger, may instruct Cantonal governments to place their facilities at the disposal of other Cantons, and may deploy units of the Førensalmingen Logreglan or the armed forces to support the police. Measures taken by the Federal Government pursuant to the first sentence of this paragraph shall be rescinded at any time at the demand of the Landting, and in any event as soon as the danger is removed.

Article 35 – Federal Execution
  1. If a Canton fails to comply with its obligations under this Basic Law or other federal laws, the Federal Government, with the consent of the Landting, may take the necessary steps to compel the Canton to comply with its duties.
  2. For the purpose of implementing such coercive measures, the Federal Government or its representative shall have the right to issue instructions to all Cantons and their authorities.
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Postby The Arthurian Isles » Fri Mar 25, 2016 10:35 am

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III.
The Folkting


Article 36 – Elections
  1. The Folkting shall be composed of two hundred representatives of the people elected in general, direct, free, equal and secret elections. They shall be representatives of the whole people, not bound by orders or instructions and responsible only to their conscience.
  2. Any Arthurian who has attained the age of sixteen shall be entitled to vote; any Arthurian who has attained the age of eighteen may be elected.
  3. Each Canton shall form the boundaries of its constituent electoral constituencies. The allocation of seats shall take into account the relative populations of the Cantons. Each Canton shall have at least one seat.
  4. Details shall be regulated by a federal law.

Article 37 – Electoral Terms
  1. Save the following provisions, the Folkting shall be elected for five years. Its term shall end when a new Folkting convenes. New elections shall be held no sooner than fifty-eight and no later than sixty months after the electoral term begins. If the Folkting is dissolved, new elections shall be held within sixty days.
  2. The Folkting shall convene no later than the thirtieth day after the elections.
  3. The Folkting shall determine when its sessions shall be adjourned and resumed. The President-Folkmaður of the Folkting may convene it at an earlier date. They shall be obliged to do so if one third of the members or the Storting so demand.

Article 38 – President-Folkmaður
  1. The Folkting shall elect its President-Folkmaður (Presiding Member of the Federal Assembly), Næstpresident-Folkmaður (Deputy Presiding Member of the Federal Assembly) and Skriv (Clerks). It shall adopt rules of procedure.
  2. The roles of President-Folkmaður, Næstpresident-Folkmaður and Skriv are for one year terms. They are not open to re-election for the following year.

Article 39 – Scrutiny of Elections
  1. Scrutiny of elections shall be the responsibility of the Folkting. It shall also decide whether a member has lost their seat.
  2. Complaints against such decisions of the Folkting may be lodged with the Federal Constitutional Court.
  3. Details shall be regulated by a federal law.

Article 40 – Decision-Making
  1. Sittings of the Folkting shall be public. On the motion of one-tenth of its members, or on the motion of the Federal Government, the public may be excluded by a two-thirds majority. The motion shall be voted upon at a sitting not open to the public.
  2. Decisions of the Folkting shall require a majority of the votes cast unless this Basic Law otherwise provides. The rules of procedure may permit exceptions with respect to elections to be conducted by the Folkting.
  3. Truthful reports of public sittings of the Folkting and of its committees shall not give rise to any liability.

Article 41 – Right to Require Presence
  1. The Folkting and its committees may require the presence of any member of the Federal Government.
  2. The members of the Folkting and the Federal Government as well as their representatives may attend all sittings of the Folkting and meetings of its committees. They shall have the right to be heard at any time.

Article 42 – Committees of Inquiry
  1. The Folkting shall have the right, and on the motion of one-quarter of its members the duty, to establish a Committee of Inquiry, which shall take the requisite evidence at public hearings. The public may be excluded.
  2. The rules of criminal procedure shall apply mutatis mutandis to the taking of evidence. The privacy of correspondence, posts and telecommunications shall not be affected.
  3. Courts and administrative authorities shall be required to provide legal and administrative assistance.
  4. The decisions of Committees of Inquiry shall not be subject to judicial review. The courts shall be free to evaluate and rule upon the facts that were the subject of the investigation.

Article 43 – Select Committees
  1. The Folkting shall appoint Select Committees from its members and the members of the Landting.
  2. The law shall delegate specific powers, which may not be purely legislative, and scopes of inquiry to Select Committees.
  3. In order to fulfil their duties, Select Committees have the right to information and to inspect documents in accordance with the provisions of this Basic Law. They shall have the power to conduct investigations, the extent of which are to be governed by law.

Article 44 – Immunities of Members
  1. At no time may a member be subjected to court proceedings or disciplinary action or otherwise called to account outside the Folkting for a vote cast or for any utterance made in the Folkting or in any of its committees. This provision shall not apply to defamatory insults.
  2. A member may not be called to account or arrested for a punishable offence without the permission of the Folkting, unless they are apprehended while committing the offence or in the course of the following day.
  3. The permission of the Folkting shall also be required for any other restriction of a member’s freedom of the person or for the initiation of proceedings against a member under Article 18.
  4. Any criminal proceedings or any proceedings under Article 18 against a member and any detention or other restriction of their freedom of person shall be suspended at the demand of the Folkting.

Article 45 – Right of Refusal to Give Evidence
  1. Members may refuse to give evidence concerning persons who have confided information to them in their capacity as members of the Folkting, or to whom they have confided information in this capacity, as well as evidence concerning this information itself. To the extent that this right of refusal to give evidence applies, no seizure of documents shall be permissible.

Article 46 – Candidature
  1. Every candidate for election to the Folkting shall be entitled to the leave necessary for their election campaign.
  2. No one may be prevented from accepting or exercising the office of member of the Folkting. No one may be given notice of dismissal or discharged from employment on this ground.
  3. Members shall be entitled to remuneration adequate to ensure their independence. They shall be entitled to the free use of all publicly-owned means of transport. Details shall be regulated by a federal law.
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IV.
The Landting


Article 47 – Functions
  1. The Cantons shall participate through the Landting in the legislation and administration of the Federation.

Article 48 – Composition
  1. The Landting shall consist of members of Cantonal governments, which appoint and recall them.
  2. Each Canton shall have at least four votes; Cantons with more than six hundred thousand inhabitants shall have five, Cantons with more than one million inhabitants six votes.
  3. Each Canton may appoint as many members as it has votes. The votes of each Canton may be cast only as a unit and only by members present.
  4. The Cantons shall determine the rules for the appointment or election of their representatives to the Landting.

Article 49 – Rules of Procedure
  1. The Landting shall elect its President-Landmaður (Presiding Member of the Federal Diet) and Næstpresident-Landmaður (Deputy Presiding Member of the Federal Diet) for one year.
  2. The President-Landmaður shall convene the Landting. They shall be obliged to do so if the delegates of at least two Cantons or the Storting so demand.
  3. Decisions of the Landting shall require at least a majority of its votes. It shall adopt rules of procedure. Its meetings shall be open to the public, however the public may be excluded in accordance with rules of procedure.
  4. Other members or representatives of Cantonal governments may serve on the committees of the Landting.

Article 50 – Attendance of Members of the Federal Government
  1. The members of the Federal Government shall have the right, and on demand the duty, to participate in meetings of the Landting and of its committees. They shall have the right to be heard at any time. The Landting shall be kept informed by the Federal Government with regard to the conduct of its affairs.
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V.
The Alting


Article 51 – Proceedings
  1. The proceedings of the Folkting and the Landting shall take place separately.
  2. Decisions of the Alting require the agreement of both Houses.
  3. Provisions shall be made by the law to ensure that in the event of disagreement between the Houses decisions are made on:
    1. The validity or partial invalidity of a Popular Initiative;
    2. The implementation of a Popular Initiative in the form of a general proposal that has been adopted by the People;
    3. The implementation of a Federal Decree initiating a total revision of this Basic Law that has been approved by the People;
    4. The budget or any amendment to it.

Article 51a – Joint Proceedings
  1. The Folkting and the Landting shall hold joint proceedings as the Alting under the presidency of the President-Folkmaður of the Folkting in order to:
    1. Conduct elections;
    2. Decide on conflicts of jurisdiction between the highest federal authorities;
    3. Decide on applications for pardons.
  2. The Alting shall also convene for special events and to hear declarations made by the Storting.

Article 52 – Quorum and Required Majority
  1. The Alting shall be quorate when a majority of the members of the Folkting and a majority of members of the Landting are present. Decisions shall be taken by the majority of those who vote.

Article 53 – The Joint Committee
  1. The Joint Committee shall consist of members of the Folkting and members of the Landting; the Folkting shall provide two thirds and the Landting one third of the committee members. The Folkting shall designate members in proportion to the relative strength of the various parliamentary groups; they may not be members of the Federal Government. Each Canton shall be represented by a Landting member of its choice; these members shall not be bound by instructions. The establishment of the Joint Committee and its proceedings shall be regulated by rules of procedure to be adopted by the Folkting and requiring the consent of the Landting.
  2. The Federal Government shall inform the Joint Committee about its plans for a state of defence. The rights of the Folkting and its committees under paragraph (1) of Article 41 shall not be affected by the provisions of this paragraph.
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VI.
The Raðmaður


Article 54 – Legitimacy
  1. The Raðmaður shall be the Head of State of the Federation.
  2. The Raðmaður shall be elected by a majority the Alting, including a majority of votes of the Landting and a majority of members of the Folkting. Decisions of the votes of the Landting and of the members of the Folkting shall not be subject to instructions. The Alting shall elect the Raðmaður from those presented in the Landmød. Details shall be regulated by a federal law.
  3. The Landmød shall be composed of candidates appointed by the Cantons. Each Canton shall be permitted to enter one candidate each. Details shall be regulated by a federal law.
  4. The Raðmaður shall hold their position for life or until they choose to abdicate. Details of abdication procedures shall be regulated by a federal law.

Article 55 – Incompatibilities
  1. The Raðmaður may not be a member of the government or of a legislative body of the Federation or of a Canton.
  2. The Raðmaður may not hold any other salaried office, or engage in any trade or profession, or belong to the management or supervisory board of any enterprise conducted for profit.
  3. The Raðmaður may not be a member or public supporter of any political party or political group. They may not be a a member of any lobbying group or organisation engaged in funding of governmental projects.

Article 56 – Affirmation of Office
  1. On assuming office, the Raðmaður shall take the following affirmation before the assembled members of the Alting: “I affirm that I shall dedicate my efforts to the well-being of the Arthurian people, promote their welfare, protect them from harm, uphold and defend the Basic Law and the laws of the Federation, perform my duties conscientiously, and do justice to all.”

Article 57 – Powers
  1. The Raðmaður shall hold no political power. Their position shall be a wholly ceremonial one in representation of Arthurian history and culture. They shall act as a focal point for national unity.
  2. The Raðmaður shall represent the Federation alongside the Storting for the purposes of international law. They shall countersign treaties alongside the Storting, and shall join the latter for the accreditation and reception of envoys.
  3. The appointment and dismissal of federal judges, federal civil servants and non-commissioned and commissioned officers of the armed forces shall be done in the name of the Raðmaður as a symbol of their political neutrality.
  4. Command of the armed forces shall be vested in the Raðmaður as a symbol of their political neutrality.

Article 58 – Substitution
  1. If the Raðmaður is unable to perform their duties, a substitute voted upon through a newly-assembled Landmød shall exercise their power as Midtentem-Raðmaður until the Raðmaður becomes able to perform their duties once more. In the event of the Raðmaður’s death, the Midtentem-Raðmaður shall lose office until a new Landmød can be assembled and the Alting can vote upon a successor. Nothing, barring impeachment, may prevent a Midtentem-Raðmaður from later being selected as a candidate in the Landmød.

Article 59 – Impeachment
  1. The Folkting or Landting may impeach the Raðmaður before the Federal Constitutional Court for wilful violation of this Basic Law or of any other federal law. The motion of impeachment must be supported by at least one quarter of the members of the Folkting or one quarter of the votes of the Landting. The decision to impeach shall require a majority of two thirds of members of the Folkting or of two thirds of the votes of the Landting. The case for impeachment shall be presented before the Federal Constitutional Court by a person commissioned by the impeaching body.
  2. If the Federal Constitutional Court finds the Raðmaður guilty of a wilful violation of the Basic Law or of any other federal law, it may declare that they have forfeited their office. After the Raðmaður has been impeached, the Federal Constitutional Court may issue an interim order preventing them from exercising their functions.
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VII.
The Storting and the Federal Government


Article 60 – The Storting
  1. The Storting shall be the supreme governing and executive body of the Federation.

Article 61 – Composition and Election
  1. The Storting shall be comprised of nine members.
  2. The members of the Storting shall be elected by the Alting following each general election to the Folkting. They shall be elected for a term of office of five years. Any Arthurian citizen eligible for election to the Folkting may be elected to the Storting.
  3. In electing the Storting, care must be taken to ensure that the various geographical regions of the country are appropriately represented.

Article 62 – Incompatibilities
  1. Federal Ministers may not hold any other salaried office, or engage in any trade or profession, or belong to the management or, without the consent of the Folkting, the supervisory board of any enterprise conducted for profit.

Article 63 – Vote of No Confidence
  1. The Folkting may express its lack of confidence in any Federal Minister only by electing a successor by the vote of a majority of its members.
  2. Forty-eight hours shall elapse between the motion and the election.

Article 64 – The President-Stormaður
  1. The President-Stormaður (Presiding Minister) shall chair the Storting.
  2. The President-Stormaður and the Næstpresident-Stormaður (Deputy Presiding Minister) of the Storting shall be elected by the Alting from the members of the Storting for a term of office of one year.
  3. Re-election for the following year is not permitted. The President-Stormaður may not be elected Næstpresident-Stormaður for the following year.

Article 65 – Principle of Collegiality and Ministries
  1. The Storting shall reach its decisions as a collegial body.
  2. For the purposes of preparation and implementation, the business of the Storting is allocated to its individual members according to ministry.
  3. Business may be delegated to and directly dealt with by ministries or their subordinate administrative units; in such cases, the right to legal recourse is guaranteed.

Article 66 – The Federal Government
  1. The Storting shall be in charge of the Federal Government (the Rækting). It ensures that it is organised appropriately and that it fulfils its duties effectively.
  2. The Federal Government is organised into federal ministries; each federal ministry is headed by a member of the Storting.
  3. Administrative tasks may by law be delegated to public or private organisations, entities or persons that do not form part of the Federal Government.

Article 67 – The Federal Chancellery
  1. The Federal Chancellery shall be the general administrative office of the Storting. It shall be headed by the Federal Chancellor (Kanslar).

Article 68 – Powers
  1. The Storting shall determine and be responsible for the general guidelines of policy. Within these limits each Federal Minister shall conduct the affairs of their federal ministry independently and on their own responsibility. The Storting shall resolve differences of opinion between Federal Ministers.
  2. It shall inform the general public fully and in good time about its activities, unless overriding public or private interests prevent this.
  3. It submits drafts of Storting legislation to the Alting.
  4. It shall enact legislative provisions in the form of ordinances, provided it has the authority to do so under this Basic Law or any other federal laws.
  5. It shall ensure the implementation of legislation, the resolutions of the Alting and the judgments of federal judicial authorities.

Article 69 – Finances
  1. The Storting shall draw up the financial plan and the draft budget and prepare the federal accounts.
  2. It shall ensure orderly financial management.

Article 70 – Foreign Relations
  1. The Storting shall be responsible for foreign relations, subject to the right of participation of the Alting; it shall represent the Federation abroad.
  2. It shall sign international treaties in conjunction with the Raðmaður and shall ratify them. It shall submit signed treaties to the Alting for approval.
  3. Where safeguarding the interests of the Federation so requires, the Storting may issue ordinances and rulings. Ordinances must be of a limited duration.

Article 71 – External and Internal Security
  1. The Storting shall take measures to safeguard the external security, independence and neutrality of the Federation.
  2. It shall take measures to safeguard internal security.
  3. It may in direct application of this Article issue ordinances and rulings in order to counter existing or imminent threats of serious disruption to public order or internal or external security. Such ordinances must be limited in duration.
  4. In cases of emergency, it may mobilise the armed forces. Where it mobilises more than four thousand members of the armed forces for active service or where the deployment of such troops is expected to last for more than three weeks, the Alting must be convened without delay.

Article 72 – Relations Between the Federation and the Cantons
  1. The Storting is responsible for maintaining relations between the Federation and the Cantons and collaborates with the latter.
  2. It may approve Cantonal legislation where required to do so by federal law.
  3. It may object to treaties between Cantons or between Cantons and foreign countries or international bodies.
  4. It shall ensure compliance with federal law, as well as the Cantonal constitutions and Cantonal treaties and shall take the measures required to fulfil this duty.

Article 73 – Further Duties and Powers
  1. The Storting shall also exercise the following duties and powers:
    1. Supervising the Federal Government and the other bodies entrusted with federal duties;
    2. Reporting regularly to the Alting on the conduct of its business as well as the situation of the Federation;
    3. Making appointments that do not fall into the remit of other authorities in conjunction with the Raðmaður;
    4. Dealing with appeals, where the law so provides.
  2. Other duties and powers may be delegated by law to the Storting.
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VIII.
Federal Legislation and Legislative Procedures


Article 74 – Division of Powers
  1. The Cantons shall have the right to legislate insofar as this Basic Law does not confer legislative power on the Federation.
  2. The division of authority between the Federation and the Cantons shall be governed by the provisions of this Basic Law concerning exclusive and concurrent legislative powers.

Article 75 – Exclusive Legislative Power of the Federation
  1. On matters within the exclusive legislative power of the Federation, the Cantons shall have the power to legislate only when and to the extent that they are expressly authorised to do so by a federal law.

Article 76 – Concurrent Legislative Powers
  1. On matters within the concurrent legislative power, the Cantons shall have the power to legislate so long as and to the extent that the Federation has not exercised its legislative power by enacting a law.
  2. The Federation shall have the right to legislate on matters falling within clauses 4, 7 13, 15, 19a, 20, 22, 25 and 26 of paragraph (1) of Article 78, if and to the extent that the establishment of equivalent living conditions throughout the territory or the maintenance of legal or economic unity renders federal regulation necessary in the national interest.
  3. If the Federation has made use of its power to legislate, the Cantons may enact legislation at variance with this legislation with respect to:
    1. Hunting (except for the law on hunting licenses);
    2. Protection of nature and landscape management (except for the general provisions governing the protection of nature, the law on protection of plant and animal species or the law on protection of marine life);
    3. Land distribution;
    4. Regional planning;
    5. Management of water resources (except for regulations related to materials or facilities);
    6. Admission to institutions of higher education and requirements for graduation in such institutions.
  4. Federal laws on these matters shall enter into force no earlier than six months following their promulgation unless otherwise provided with the consent of the Landting As for the relationship between federal law and Cantonal law, the latest law enacted shall take precedence with respect to matters within the scope of the first sentence.

Article 77 – Matters Under the Exclusive Legislative Power of the Federation
  1. The Federation shall have exclusive legislative power with respect to:
    1. Foreign affairs and defence, including protection of the civilian population;
    2. Citizenship in the Federation;
    3. Freedom of movement, passports, residency registration and identity cards, immigration, emigration and extradition;
    4. Currency, money and coinage, weights and measures, and the determination of standards of time;
    5. The unity of the customs and trading area, treaties regarding commerce and navigation, the free movement of goods, and the exchange of goods and payments with foreign countries, including customs and border protection;
    6. Safeguarding Arthurian cultural assets against removal from the country;
    7. Air transport;
    8. The operation of railways wholly or predominantly owned by the Federation (federal railways), the construction, maintenance and operation of railroad lines belonging to federal railways, and the levying of charges for the use of these lines;
    9. Postal and telecommunications services;
    10. The legal relations of persons employed by the Federation and by federal corporations under public law;
    11. Industrial property rights, copyrights and publishing;
    12. Protection by the Førensamstaten Logreglan against the dangers of international terrorism when a threat transcends the boundary of one Canton, when the jurisdiction of a Canton’s police authorities cannot be perceived, or when the highest authority of an individual Canton requests the assumption of federal responsibility;
    13. Co-operation between the Federation and the Cantons regarding:
      1. Criminal police work;
      2. Protection of the free, democratic, basic order, existence and security of the Federation or of a Canton (protection of the constitution), and
      3. Protection against activities within the federal territory which, by the use of force or preparations for the use of force, endanger the external interests of the Arthurian Federation.
    14. Statistics for federal purposes;
    15. The law on weapons and explosives;
    16. Benefits for persons disabled by law and for dependents of deceased war victims as well as assistance to former prisoners of war;
    17. The production and utilisation of nuclear energy for peaceful purposes, the construction and operation of facilities serving such purposes, protection against hazards arising from the release of nuclear energy or from ionising radiation, and the disposal of radioactive substances.
  2. Laws enacted pursuant to clause 11 of paragraph (1) require the consent of the Landting.

Article 78 – Matters Under Concurrent Legislative Powers
  1. Concurrent legislative power shall extend to the following matters:
    1. Civil law, criminal law, court organisation and procedure (except for the correctional law of pretrial detention), the legal profession, notaries, and the provision of legal advice;
    2. Registration of births, deaths and marriages;
    3. The law of association;
    4. The law relating to residence and establishment of foreign nationals;
    5. Matters concerning refugees and expellees;
    6. Public welfare (except the law on social care homes);
    7. War damage and reparations;
    8. War graves and grave of other victims of war on despotism;
    9. The law relating to economic matters (mining, industry, energy, crafts, trades, commerce, banking, stock exchanges and private insurance), except for the law on shop closing hours, restaurants, game halls, display of individual persons, trade fairs, exhibitions and markets;
    10. Labour law, including the organisation of enterprises, occupational health and safety, and employment agencies as well as social security, including unemployment insurance;
    11. The regulation of educational and training grants and the promotion of research;
    12. The law regarding expropriation, to the extent relevant to matters enumerated in Articles 77 and 78;
    13. The transfer of land, natural resources and means of production to public ownership or other forms of public enterprise;
    14. Prevention of the abuse of economic power;
    15. The promotion of agricultural production and forestry (except for the law on land consolidation), ensuring the adequacy of food supply, the importation and exportation of agricultural and forestry products, deep-sea and coastal fishing, and preservation of the coasts;
    16. Urban real estate transactions, land law (except for laws regarding development fees), and the law on rental subsidies, subsidies for old debts, homebuilding loan premiums, miners’ homebuilding and homesteading;
    17. Measures to combat human and animal diseases which pose a danger to the public or are communicable, admission to the medical profession and to ancillary professions or occupations, as well as the law on pharmacies, medicines, medical products, drugs, narcotics and poisons;
    18. The economic viability of hospitals and the regulation of hospital charges;
    19. The law on food products including animals used in their production, the law on alcohol and tobacco, essential commodities and feedstuffs as well as protective measures in connection with the marketing of agricultural and forest seeds and seedlings, the protection of plants against diseases and pests, as well as the protection of animals;
    20. Maritime and coastal shipping, as well as navigational aids, inland navigation, meteorological services, sea routes and inland waterways used for general traffic;
    21. Road traffic, motor transport, construction and maintenance of long-distance highways, as well as the collection of tolls for the use of public highways by vehicles and the allocation of the revenue;
    22. Non-federal railways, except mountain railways;
    23. Waste disposal, air pollution and control, and noise abatement (except for the protection from noise associated with human activity);
    24. State liability;
    25. Medically-assisted generation of human life, analysis and modification of genetic information as well as the regulation of organ, tissue and cell transplantation;
    26. The statutory rights and duties of civil servants of the Cantons, the Communes and other corporations of public law, as well as of the judges in the Cantons, except for their career regulations, remuneration and pension;
    27. Hunting;
    28. Protection of nature and landscape management;
    29. Land distribution;
    30. Regional planning;
    31. Management of water resources;
    32. Admission to institutions of higher education and requirements for graduating in such institutions.
  2. Laws enacted pursuant to clauses 24 and 26 of paragraph (1) shall require the consent of the Landting.

Article 79 – Bills
  1. Bills may be introduced into the Folkting by the Storting, by the Landting, or from the floor of the Folkting.
  2. Storting bills shall first be submitted to the Landting. The Landting shall be entitled to comment on such bills within six weeks. If for important reasons, especially with regard to the scope of the bill, the Landting demands an extension, the period shall be increased to nine weeks. If in exceptional circumstances the Storting on submitting a bill to the Landting declares it to be particularly urgent, it may submit the bill to the Folkting after three weeks or, if the Landting has demanded an extension pursuant to the third sentence of this paragraph, after six weeks, even if it has not received the Landting’s comments; upon receiving such comments it shall transmit them to the Folkting without delay. In the case of bills to amend this Basic Law or to transfer sovereign powers pursuant to Article 23 the comment period shall be nine weeks; the fourth sentence of this paragraph shall not apply.
  3. Landting bills shall be submitted to the Folkting by the Storting within six weeks. In submitting them the Storting shall state its own views. If for important reasons, especially with regard to the scope of the bill, the Storting demands an extension, the period shall be increased to nine weeks. If in exceptional circumstances the Landting declares a bill to be particularly urgent, the period shall be three weeks or, if the Storting has demanded an extension pursuant to the third sentence of this paragraph, six weeks. In the case of bills to amend this Basic Law or to transfer sovereign powers pursuant to Article 23 the comment period shall be nine weeks; the fourth sentence of this paragraph shall not apply. The Folkting shall consider and vote on bills within a reasonable time.

Article 80 – Mediation Committee
  1. Federal laws shall be adopted by the Folkting. After their adoption the President-Folkmaður of the Folkting shall submit them to the Landting without delay.
  2. Within three weeks after receiving an adopted bill, the Landting may demand that a committee for the joint consideration of bills, composed of members of the Folkting and members of the Landting, be convened. The composition and proceedings of this committee shall be regulated by rules of procedure adopted by the Folkting and requiring the consent of the Landting. The members of the Landting on this committee shall not be bound by instructions. When the consent of the Landting is required for a bill to become law the Folkting and Storting may likewise demand that such a committee be formed. Should the committee propose any amendment to the adopted bill, the Folkting shall vote on it a second time.
  3. Insofar as its consent is required for a bill to become law, the Landting, if no request has been made pursuant to paragraph (2) of this Article or if the mediation proceeding has been completed without a proposal to amend the bill, shall vote on the bill within a reasonable time.
  4. Insofar as its consent is not required for a bill to become law, the Landting, once proceedings under paragraph (2) of this Article are completed, may within two weeks object to a bill adopted by the Folkting. The time for objection shall begin, in the case described in the last sentence of paragraph (2) of this Article, upon receipt of the bill as re-adopted by the Folkting, and in all other cases upon receipt of a communication from the chairperson of the committee provided for in paragraph (2) of this Article to the effect that the committee’s proceedings have been concluded.
  5. If the objection is adopted by the majority of the votes of the Landting, it may be rejected by a decision of the majority of members of the Folkting. If the Landting adopted the objection by a majority of at least two thirds of its votes, its rejection by the Folkting shall require a two-thirds majority, including at least a majority of the members of the Folkting.

Article 81 – Passage of Federal Laws
  1. A bill adopted by the Folkting shall become law if the Landting consents to it, or fails to make a demand pursuant to paragraph (2) of Article 80, or fails to enter an objection within the period stated by paragraph (3) of Article 80, or withdraws such an objection, or if the objection is overwritten by the Folkting.

Article 82 – Amendment of the Basic Law
  1. This Basic Law may only be amended by a law expressly amending or supplementing its text. In the case of an international treaty regarding a peace settlement, the preparation of a peace settlement, or the phasing out of an occupation regime, or designed to promote the defence of the Federation, it shall be sufficient, for the purpose of making clear that the provisions of this Basic Law do not preclude the conclusion and entry into force of the treaty, to add language to the Basic Law that merely makes this clarification.
  2. Any such law shall be carried by two-thirds of the members of the Folkting and two-thirds of the votes of the Landting.
  3. Amendments to this Basic Law affecting the division of the Federation into Cantons, their participation in principle in the legislative process, or the principles laid down in Articles 1 and 20 shall be inadmissible.

Article 83 – Issuance of Statutory Instruments
  1. The Storting, a Federal Minister or the Cantonal governments may be authorised by a law to issue statutory instruments. The content, purpose and scope of the authority conferred shall be specified in the law. Each statutory instrument shall contain a statement of its legal basis. If the law provides that such authority may be further delegated, such sub-delegation shall be effected by statutory instrument.
  2. Unless a federal law otherwise provides, the consent of the Landting shall be required for statutory instruments issued by the Storting or a Federal Minister regarding fees or basic principles for the use of postal and telecommunication facilities, basic principles for levying of charges for the use of facilities of federal railways, or the construction and operation of railways, as well as for statutory instruments issued pursuant to federal laws that require the consent of the Landting or that are executed by the Cantons on federal commission or in their own right.
  3. The Landting may submit to the Storting drafts of statutory instruments that require its consent.
  4. Insofar as Cantonal governments are authorised by or pursuant to federal laws to issue statutory instruments, the Cantons shall also be entitled to regulate the matter by law.

Article 84 – State of Tension
  1. If this Basic Law or a federal law regarding defence, including protection of the civilian population, provides that legal provisions may be applied only in accordance with this Article, their application, except when a state of defence has been declared, shall be permissible only after the Landting has determined that a state of tension exists or has specifically approved such application. The determination of a state of tension and specific approval in cases mentioned in the first sentence of paragraph (5) and the second sentence of paragraph (6) of Article 12a shall require a two-thirds majority of votes cast.
  2. Any measures taken pursuant to legal provisions by virtue of paragraph (1) of this Article shall be rescinded whenever the Landting so demands.
  3. Notwithstanding paragraph (1) of this Article, the application of such legal provisions shall also be permissible on the basis of and in accordance with a decision made by an international body within the framework of a treaty of alliance with the approval of the Storting. Any measures taken pursuant to this paragraph shall be rescinded whenever the Folkting, by the vote of a majority of its members, so demands.

Article 85 – Entry Into Force
  1. Laws enacted under the provisions of this Basic Law shall, after countersignature, be certified by the Raðmaður and promulgated in the Federal Gazette. Statutory instruments shall be certified by the agency that issues them and, unless a law otherwise provides, shall be promulgated in the Federal Gazette.
  2. Every law or statutory instrument shall specify the date on which it shall take effect. In the absence of such a provision, it shall take effect on the fourteenth day after the day on which the Federal Gazette containing it was published.
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VIIIa.
Federal Administration


Article 86 – Execution by the Cantons
  1. The Cantons shall execute federal laws in their own right insofar as this Basic Law does not otherwise provide or permit.

Article 87 – Cantonal Administrations
  1. Where the Cantons execute federal laws in their own right, they shall provide for the establishment of the requisite authorities and regulate their administrative procedures. If federal laws provide otherwise, the Cantons may enact deviating regulations. If a Canton has enacted a law pursuant to the second sentence, subsequent federal laws regulating the organisation of authorities and their administrative procedure shall not be enacted until at least six months after their promulgation, provided that no other determination has been made with the consent of the Landting. The third sentence of paragraph (2) of Article 76 shall apply accordingly. In exceptional cases, owing to a special need for uniform federal legislation, the Federation may regulate the administrative procedure with no possibility of separate Cantonal legislation. Such laws shall require the consent of the Landting. Federal laws may not entrust Communes and associations of Communes with any tasks.
  2. The Storting, with the consent of the Landting, may issue general administrative rules.
  3. The Storting shall exercise oversight to ensure that the Cantons execute federal laws in accordance with the law. For this purpose the Storting may send commissioners to the highest Cantonal authorities and, with their consent or, where such consent is refused, with the consent of the Landting, also to subordinate authorities.
  4. Should any deficiencies that the Storting has identified in the execution of federal laws in the Cantons not be corrected, the Landting, on application of the Storting or of the Canton concerned, shall decide whether that Canton has violated the law. The decision of the Landting may be challenged in the Federal Constitutional Court.
  5. With a view to the execution of federal laws, the Storting may be authorised by a federal law requiring the consent of the Landting to issue instructions in particular cases. They shall be addressed to the highest Cantonal authorities unless the Storting considers the matter urgent.

Article 88 – Execution by the Cantons on Federal Commission
  1. Where the Cantons execute federal laws on federal commission, establishment of the authorities shall remain the concern of the Cantons, except insofar as federal laws enacted with the consent of the Landting otherwise provide. Federal laws may not entrust Communes and associations of Communes with any tasks.
  2. The Storting, with the consent of the Landting, may issue general administrative rules. It may provide for the uniform training of civil servants and other salaried public employees. The heads of intermediate authorities shall be appointed with its approval.
  3. The Cantonal authorities shall be subject to instructions from the competent highest federal authorities. Such instructions shall be addressed to the highest Cantonal authorities unless the Storting considers the matter urgent. Implementation of the instructions shall be ensured by the highest Cantonal authorities.
  4. Federal oversight shall extend to the legality and appropriateness of execution. For this purpose the Storting may require the submission of reports and documents and send commissioners to all authorities.

Article 89 – Federal Administration
  1. Where the Federation executes laws through its own administrative authorities or through federal corporations or institutions established under public law, the Storting shall, insofar as the law in question contains no special provision, issue general administrative rules. The Storting shall provide for the establishment of the authorities insofar as the law in question does not otherwise provide.

Article 90 – Matters
  1. The foreign service, the federal financial administration, and, in accordance with the provisions of Article 92, the administration of federal waterways and shipping shall be conducted by federal administrative authorities with their own administrative substructures. A federal law may establish Førensamstaten Logreglan authorities and central of offices for police information and communications, for the criminal police, and for the compilation of data for purposes of protection of the constitution and of protection against activities within the federal territory which, through the use of force or acts preparatory to the use of force, endanger the external interests of the Arthurian Federation.
  2. Social insurance institutions whose jurisdiction extends beyond the territory of a single Canton shall be administered as federal corporations under public law. Social insurance institutions whose jurisdiction extends beyond the territory of a single Canton but not beyond that of three Cantons shall, notwithstanding the first sentence of this paragraph, be administered as Cantonal corporations under public law, if the Cantons concerned have specified which Canton shall exercise supervisory authority.
  3. In addition, autonomous federal higher authorities as well as new federal corporations and institutions under public law may be established by a federal law for matters on which the Federation has legislative power. When the Federation is confronted with new responsibilities with respect to matters on which it has legislative power, federal authorities at intermediate and lower levels may be established, with the consent of the Landting and of a majority of the members of the Folkting, in cases of urgent need.

Article 90a – Armed Forces
  1. The Federation shall establish armed forces for purposes of defence. Their numerical strength and general organisational structure must be shown in the budget.
  2. Apart from defence, the armed forces may be employed only to the extent expressly permitted by this Basic Law.
  3. During a state of defence or a state of tension the armed forces shall have the power to protect civilian property and to perform traffic control functions to the extent necessary to accomplish their defence mission. Moreover, during a state of defence or a state of tension, the armed forces may also be authorised to support police measures for the protection of civilian property; in this event the armed forces shall cooperate with the competent authorities.
  4. In order to avert an imminent danger to the existence or free democratic basic order of the Federation or of a Canton, the Storting, if the conditions referred to in paragraph (2) of Article 94 obtain and the police forces and the Førensamstaten Logreglan prove inadequate, may employ the armed forces to support the police and the Førensamstaten Logreglan in protecting civilian property and in combating organised armed insurgents. Any such employment of the armed forces shall be discontinued if the Folkting or the Landting so demands.

Article 90b – Ministry of Defence
  1. The Federal Ministry of Defence shall be conducted as a federal administrative authority with its own administrative substructure. It shall have jurisdiction for personnel matters and direct responsibility for satisfaction of the procurement needs of the armed forces. Responsibilities connected with pensions for injured persons or with construction work may be assigned to the Federal Ministry of Defence only by a federal law requiring the consent of the Landting. Such consent shall also be required for any laws to the extent that they empower the Federal Ministry of Defence to interfere with rights of third parties; this requirement, however, shall not apply in the case of laws regarding personnel matters.
  2. In addition, federal laws concerning defence, including recruitment for military service and protection of the civilian population, may, with the consent of the Landting, provide that they shall be executed, wholly or in part, either by federal administrative authorities with their own administrative substructures or by the Cantons on federal commission. If such laws are executed by the Cantons on federal commission, they may, with the consent of the Landting, provide that the powers vested in the Storting or in the competent highest federal authorities pursuant to Article 88 be transferred wholly or in part to federal higher authorities; in this event the law may provide that such authorities shall not require the consent of the Landting in issuing general administrative rules pursuant to the first sentence of paragraph (2) of Article 88.

Article 90c – Production and Utilisation of Nuclear Energy
  1. Laws enacted under clause 17 of paragraph (1) of Article 77 may, with the consent of the Landting, provide that they shall be executed by the Cantons on federal commission.

Article 90d – Air Transport Administration
  1. Air transport administration shall be conducted under federal administration. Air navigation services may also be provided by foreign air navigation service providers which are authorised in accordance with international law.
  2. By a federal law requiring the consent of the Landting, responsibilities for air transport administration may be delegated to the Cantons acting on federal commission.

Article 90e – Rail Transport Administration
  1. Rail transport with respect to federal railways shall be administered by federal authorities. Responsibilities for rail transport administration may be delegated by a federal law to the Cantons acting in their own right.
  2. The Federation shall discharge rail transport administration responsibilities assigned to it by a federal law, above and beyond those regarding federal railways.
  3. Federal railways shall be operated as enterprises under private law. They shall remain the property of the Federation to the extent that their activities embrace the construction, maintenance and operation of the tracks. The transfer of federal shares in these enterprises under the second sentence of this paragraph shall be effected pursuant to a law; the Federation shall retain a majority of the shares. Details shall be regulated by a federal law.
  4. The Federation shall ensure that in developing and maintaining the federal railway system as well as in offering services over this system, other than local passenger services, due account is taken of the interests and especially the transportation needs of the public. Details shall be regulated by a federal law.
  5. Laws enacted pursuant to paragraphs (1) to (4) of this Article shall require the consent of the Landting. The consent of the Landting shall also be required for laws regarding the dissolution, merger or division of federal railway enterprises, the transfer of tracks of federal railways to third parties, or the abandonment of such tracks, or affecting local passenger services.

Article 90f – Posts and Telecommunications
  1. In accordance with a federal law requiring the consent of the Landting, the Federation shall ensure the availability of adequate and appropriate postal and telecommunications services throughout the federal territory.
  2. Services within the meaning of paragraph (1) of this Article shall be provided as a matter of private enterprise by the firms succeeding to the special trust Posturin and by other private providers. Sovereign functions in the area of posts and telecommunications shall be discharged by federal administrative authorities.
  3. Notwithstanding the second sentence of paragraph (2) of this Article, the Federation, by means of a federal institution under public law, shall discharge particular responsibilities relating to the firms succeeding to the special trust Posturin as prescribed by a federal law.

Article 91 – The Federal Bank
  1. The Federation shall establish a note-issuing and currency bank as the Federal Bank. It shall be independent and committed to the overriding goal of assuring price stability.

Article 92 – Federal Waterways
  1. The Federation shall be the owner of the national waterways.
  2. The Federation shall administer the federal waterways through its own authorities. It shall exercise those state functions relating to inland shipping which extend beyond the territory of a single Canton, and those functions relating to maritime shipping, which are conferred on it by a law. Insofar as federal waterways lie within the territory of a single Canton, the Federation on its application may delegate their administration to that Canton on federal commission. If a waterway touches the territory of several Cantons, the Federation may commission that Canton which is designated by the affected Cantons.
  3. In the administration, development and new construction of waterways, the requirements of land improvement and of water management shall be assured in agreement with the Cantons.

Article 93 – Federal Motorways
  1. The Federation shall be the owner of the national motorways.
  2. The Cantons, or such self-governing corporate bodies as are competent under Cantonal law, shall administer the federal motorways and other federal roadways used by long-distance traffic on federal commission.
  3. On application of a Canton, the Federation may assume the administration of federal motorways and other federal roadways used by long­-distance traffic insofar as they lie within the territory of that Canton.

Article 94 – Internal Emergency
  1. In order to avert an imminent danger to the existence or free democratic basic order of the Federation or of a Canton, a Canton may call upon personnel and facilities of other administrative authorities and of the Førensamstaten Logreglan.
  2. If the Canton where such danger is imminent is not itself willing or able to combat the danger, the Storting may place the police in that Canton under its own orders and deploy units of the Førensamstaten Logreglan. Any such order shall be rescinded once the danger is removed, or at any time on the demand of the Landting. If the danger extends beyond the territory of a single Canton, the Storting, insofar as is necessary to combat such danger, may issue instructions to the Cantonal governments; the first and second sentences of this paragraph shall not be affected by this provision.
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IX.
Joint Tasks


Article 95 – Responsibility for Expenditure
  1. In the following areas the Federation shall participate in the discharge of responsibilities of the Cantons, provided that such responsibilities are important to society as a whole and that federal participation is necessary for the improvement of living conditions (joint tasks):
    1. Improvement of regional economic structures;
    2. Improvement of the agrarian structure and of coastal preservation.
    3. Federal laws enacted with the consent of the Landting shall specify the joint tasks as well as the details of coordination.
    4. In cases to which clause 1 of paragraph (1) of this Article applies, the Federation shall finance one half of the expenditure in each Canton. In cases to which clause 2 of paragraph (1) of this Article applies, the Federation shall finance at least one half of the expenditure, and the proportion shall be the same for all Cantons. Details shall be regulated by law. The provision of funds shall be subject to appropriation in the budgets of the Federation and the Cantons.

Article 96 – Education and Promotion of Research
  1. The Federation and the Cantons may cooperate on the basis of agreements in cases of supra-regional importance in the promotion of sciences, research and teaching. Agreements primarily affecting institutions of higher education shall require the consent of all the Cantons. This provision shall not apply to agreements regarding the construction of research facilities, including large scientific installations.
  2. The Federation and the Cantons may mutually agree to co-operate for the assessment of the performance of educational systems in international comparison and in drafting relevant reports and recommendations.
  3. The apportionment of costs shall be regulated in the pertinent agreement.

Article 97 – Information Technology Systems
  1. The Federation and the Cantons may cooperate in planning, constructing, and operating information technology systems needed to discharge their responsibilities.
  2. The Federation and the Cantons may agree to specify the standards and security requirements necessary for exchanges between their information technology systems. Agreements regarding the bases of cooperation under the first sentence may provide, for individual responsibilities determined by their content and scope, that detailed regulations be enacted with the consent of a qualified majority of the Federation and the Cantons as laid down in the agreements. They require the consent of the Folkting and the legislatures of the participating Cantons; the right to withdraw from these agreements cannot be precluded. The agreements shall also regulate the sharing of costs.
  3. The Cantons may also agree on the joint operation of information technology systems along with the establishment of installations for that purpose.
  4. For linking the information networks of the Federation and the Cantons, the Federation shall establish a connecting network. Details regarding the establishment and the operation of the connecting network shall be regulated by a federal law with the consent of the Landting.

Article 98 – Comparison of Performance
  1. With a view to ascertaining and improving the performance of their administrations, the Federation and the Cantons may conduct comparative studies and publish the results thereof.

Article 99 – Co-operation on Employment
  1. In the execution of federal laws in the field of basic support for persons seeking employment the Federation and the Cantons or the Communes and associations of Communes responsible pursuant to Cantonal law shall generally cooperate in joint institutions.
  2. The Federation may authorise a limited number of Communes and associations of Communes, at their request and with the consent of the highest Cantonal authority, to discharge the tasks pursuant to paragraph (1) alone. In this case, the Federation shall bear the necessary expenditures including the administrative expenses for the tasks which are to be discharged by the Federation in the execution of laws pursuant to paragraph (1).
  3. Details shall be regulated by a federal law requiring the consent of the Landting.
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X.
The Federal Judiciary


Article 100 – Court Organisation
  1. The judicial power shall be vested in the judges; it shall be exercised by the Federal Constitutional Court, by the federal courts provided for in this Basic Law, and by the courts of the Cantons.

Article 101 – Jurisdiction of the Federal Constitutional Court
  1. The Federal Constitutional Court shall rule:
    1. On the interpretation of this Basic Law in the event of disputes concerning the extent of the rights and duties of a supreme federal body or of other parties vested with rights of their own by this Basic Law or by the rules of procedure of a supreme federal body;
    2. In the event of disagreements or doubts concerning the formal or substantive compatibility of federal law or Cantonal law with this Basic Law, or the compatibility of Cantonal law with other federal law, on application of the Storting, of a Cantonal government, or of one fourth of the members of the Folkting;
    3. In the event of disagreements whether a law meets the requirements of paragraph (2) of Article 76, on application of the Landting or of the government or legislature of a Canton;
    4. In the event of disagreements concerning the rights and duties of the Federation and the Cantons, especially in the execution of federal law by the Cantons and in the exercise of federal oversight;
    5. On other disputes involving public law between the Federation and the Cantons, between different Cantons, or within a Canton, unless there is recourse to another court;
    6. On constitutional complaints, which may be led by any person alleging that one of his basic rights or one of his rights under paragraph (5) of Article 20 or under Article 32, 36, 109, 111 or 112 has been infringed by public authority;
    7. On constitutional complaints led by Communes or associations of Communes on the ground that their right to self-government under Article 26 has been infringed by a law; in the case of infringement by a Cantonal law, however, only if the law cannot be challenged in the constitutional court of the Canton;
    8. On constitutional complaints led by associations concerning their non-recognition as political parties for an election to the Folkting;
    9. In the other instances provided for in this Basic Law.
  2. At the request of the Landting, a Cantonal government or the parliamentary assembly of a Canton, the Federal Constitutional Court shall also rule whether in cases falling under paragraph (4) of Article 76 the need for a regulation by federal law does not exist any longer. The Court’s determination that the need has ceased to exist or that federal law could no longer be enacted substitutes a federal law according to paragraph (4) of Article 76. A request under the first sentence is admissible only if a bill falling under paragraph (4) of Article 76 has been rejected by the Folkting or if it has not been considered and determined upon within one year, or if a similar bill has been rejected by the Landting.
  3. The Federal Constitutional Court shall also rule on such other matters as shall be assigned to it by a federal law.

Article 102 – Composition of the Federal Constitutional Court
  1. The Federal Constitutional Court shall consist of federal judges and other members. Half the members of the Federal Constitutional Court shall be elected by the Folkting and half by the Landting. They may not be members of the Folkting, of the Landting, of the Storting, or of any of the corresponding bodies of a Canton.
  2. The organisation and procedure of the Federal Constitutional Court shall be regulated by a federal law, which shall specify in which instances its decisions shall have the force of law. The law may require that all other legal remedies be exhausted before a constitutional complaint may be filed, and may provide for a separate proceeding to determine whether the complaint will be accepted for decision.

Article 103 – Supreme Federal Courts
  1. The Federation shall establish the Federal Judicial Court, the Federal Administrative Court, the Federal Finance Court, the Federal Labour Court and the Federal Social Court as supreme courts of ordinary, administrative, financial, labour and social jurisdiction.
  2. The judges of each of these courts shall be chosen jointly by the competent Federal Minister and a committee for the selection of judges consisting of the competent Cantonal ministers and an equal number of members elected by the Folkting.
  3. A Joint Chamber of the courts specified in paragraph (1) of this Article shall be established to preserve the uniformity of decisions. Details shall be regulated by a federal law.

Article 104 – Other Federal Courts
  1. The Federation may establish a federal court for matters concerning industrial property rights.
  2. The Federation may establish federal military criminal courts for the armed forces. These courts may exercise criminal jurisdiction only during a state of defence or over members of the armed forces serving abroad or onboard warships. Details shall be regulated by a federal law. These courts shall be under the aegis of the Federal Minister of Justice. Their full­-time judges shall be persons qualified to hold judicial office.
  3. The supreme court of review from the courts designated in paragraphs (1) and (2) of this Article shall be the Federal Judicial Court.
  4. The Federation may establish federal courts for disciplinary proceedings against, and for proceedings on complaints by, persons in the federal public service.
  5. With the consent of the Landting, a federal law may provide that courts of the Cantons shall exercise federal jurisdiction over criminal proceedings in the following matters:
    1. Genocide;
    2. Crimes against humanity;
    3. War crimes;
    4. Other acts tending to and undertaken with the intent to disturb the peaceful relations between nations;
    5. State security.

Article 105 – Judicial Independence
  1. Judges shall be independent and subject only to the law.
  2. Judges appointed permanently to full-time positions may be involuntarily dismissed, permanently or temporarily suspended, transferred or retired before the expiration of their term of office only by virtue of judicial decision and only for the reasons and in the manner specified by the laws. The legislature may set age limits for the retirement of judges appointed for life. In the event of changes in the structure of courts or in their districts, judges may be transferred to another court or removed from office, provided they retain their full salary.

Article 106 – Impeachment of Judges
  1. The legal status of federal judges shall be regulated by a special federal law.
  2. If a federal judge infringes the principles of this Basic Law or the constitutional order of a Canton in his official capacity or unofficially, the Federal Constitutional Court, upon application of the Folkting, may by a two-thirds majority order that the judge be transferred or retired. In the case of an intentional infringement it may order him dismissed.
  3. The legal status of the judges in the Cantons shall be regulated by special Cantonal laws if clause 26 of paragraph (1) of Article 78 does not otherwise provide.
  4. The Cantons may provide that Cantonal judges shall be chosen jointly by the Cantonal Minister of Justice and a committee for the selection of judges.
  5. The Cantons may enact provisions regarding Cantonal judges that correspond with those of paragraph (2) of this Article. Existing Cantonal constitutional law shall not be affected. The decision in cases of judicial impeachment shall rest with the Federal Constitutional Court.

Article 107 – Constitutional Disputes within a Cantons
  1. A Cantonal law may assign the decision of constitutional disputes within a Canton to the Federal Constitutional Court, and the final decision in matters involving the application of Cantonal law to the supreme courts specified in paragraph (1) of Article 103.

Article 108 – Concrete Judicial Review
  1. If a court concludes that a law on whose validity its decision depends is unconstitutional, the proceedings shall be stayed, and a decision shall be obtained from the Cantonal court with jurisdiction over constitutional disputes where the constitution of a Canton is held to be violated, or from the Federal Constitutional Court where this Basic Law is held to be violated. This provision shall also apply where the Basic Law is held to be violated by Cantonal law and where a Cantonal law is held to be incompatible with a federal law.
  2. If, in the course of litigation, doubt exists whether a rule of international law is an integral part of federal law and whether it directly creates rights and duties for the individual, the court shall obtain a decision from the Federal Constitutional Court.
  3. If the constitutional court of a Canton, in interpreting this Basic Law, proposes to deviate from a decision of the Federal Constitutional Court or of the constitutional court of another Canton, it shall obtain a decision from the Federal Constitutional Court.

Article 109 – Ban on Extraordinary Courts
  1. Extraordinary courts shall not be allowed. No one may be removed from the jurisdiction of his lawful judge.
  2. Courts for particular fields of law may be established only by a law.

Article 110 – Ban on Capital Punishment
  1. Capital punishment is banned.

Article 111 – Fair Trial
  1. In the courts every person shall be entitled to a hearing in accordance with law.
  2. An act may be punished only if it was defined by a law as a criminal offence before the act was committed.
  3. No person may be punished for the same act more than once under the general criminal laws.

Article 112 – Deprivation of Liberty
  1. Liberty of the person may be restricted only pursuant to a formal law and only in compliance with the procedures prescribed therein. Persons in custody may not be subjected to mental or physical mistreatment.
  2. Only a judge may rule upon the permissibility or continuation of any deprivation of liberty. If such a deprivation is not based on a judicial order, a judicial decision shall be obtained without delay. The police may hold no one in custody on their own authority beyond the end of the day following the arrest. Details shall be regulated by a law.
  3. Any person provisionally detained on suspicion of having committed a criminal offence shall be brought before a judge no later than the day following his arrest; the judge shall inform him of the reasons for the arrest, examine him, and give him an opportunity to raise objections. The judge shall, without delay, either issue a written arrest warrant setting forth the reasons therefor or order his release.
  4. A relative or a person enjoying the confidence of the person in custody shall be notified without delay of any judicial decision imposing or continuing a deprivation of liberty.
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XI.
Finance


Article 113 – Financial System
  1. The Federation and the Cantons shall separately finance the expenditures resulting from the discharge of their respective responsibilities insofar as this Basic Law does not otherwise provide.
  2. Where the Cantons act on federal commission, the Federation shall finance the resulting expenditures.
  3. Federal laws providing for money grants to be administered by the Cantons may provide that the Federation shall pay for such grants wholly or in part. If any such law provides that the Federation shall finance one half or more of the expenditure, it shall be executed by the Cantons on federal commission.
  4. Federal laws that oblige the Cantons to provide money grants, benefits in kind or comparable services to third persons and which are executed by the Cantons in their own right or according to the second sentence of paragraph (3) on commission of the Federation shall require the consent of the Landting if the expenditure resulting therefrom shall be borne by the Cantons.
  5. The Federation and the Cantons shall finance the administrative expenditures incurred by their respective authorities and shall be responsible to one another for ensuring proper administration. Details shall be regulated by a federal law requiring the consent of the Landting.
  6. In accord with the internal allocation of competencies and responsibilities, the Federation and the Cantons shall bear the costs entailed by a violation of obligations incumbent on the Arthurian Federation under supranational or international law. In cases of financial corrections by an international body with effect transcending one specific Land, the Federation and the Cantons shall bear such costs at a ratio of 15 to 85. In such cases, the Cantons as a whole shall be responsible in solidarity for 35 per cent of the total burden according to a general formula; 50 per cent of the total burden shall be borne by those Cantons which have caused the encumbrance, adjusted to the size of the amount of the financial means received. Details shall be regulated by a federal law requiring the consent of the Landting.

Article 114 – Financial Assistance for Investments
  1. To the extent that this Basic Law confers on it the power to legislate, the Federation may grant the Cantons financial assistance for particularly important investments by the Cantons and Communes (associations of Communes) which are necessary to:
    1. Avert a disturbance of the overall economic equilibrium;
    2. Equalise differing economic capacities within the federal territory; or
    3. Promote economic growth.
    In deviating from the first sentence, the Federation may grant financial assistance even outside its field of legislative powers in cases of natural disasters or exceptional emergency situations beyond governmental control and substantially harmful to the state’s financial capacity.
  2. Details, especially with respect to the kinds of investments to be promoted, shall be regulated by a federal law requiring the consent of the Landting or by an executive agreement based on the federal budget law. The duration of the grants shall be limited and the grants must be reviewed at regular intervals with respect to the manner in which they are used. The financial assistance must be designed with descending annual contributions.
  3. Upon request, the Folkting, the Storting as well as the Landting shall be informed about the implementation of such measures and the improvements reached.

Article 115 – Powers Over Tax Laws
  1. The Federation shall have exclusive power to legislate with respect to customs duties and fiscal monopolies.
  2. The Federation shall have concurrent power to legislate with respect to all other taxes the revenue from which accrues to it wholly or in part or as to which the conditions provided for in paragraph (2) of Article 76 apply.
  3. The Cantons shall have power to legislate with regard to local taxes on consumption and expenditures so long and insofar as such taxes are not substantially similar to taxes regulated by federal law. They are empowered to determine the rate of the tax on acquisition of real estate.
  4. Federal laws relating to taxes the revenue from which accrues wholly or in part to the Cantons or to Communes (associations of Communes) shall require the consent of the Landting.

Article 116 – Apportionment of Tax Revenue
  1. The yield of fiscal monopolies and the revenue from the following taxes shall accrue to the Federation:
    1. Customs duties;
    2. Taxes on consumption insofar as they do not accrue to the Cantons pursuant to paragraph (2), or jointly to the Federation and the Cantons in accordance with paragraph (3), or to Communes in accordance with paragraph (6) of this Article;
    3. The road freight tax, motor vehicle tax, and other taxes on transactions related to motorised vehicles;
    4. The taxes on capital transactions, insurance and bills of exchange;
    5. Non-recurring levies on property and equalisation of burdens levies;
    6. Income and corporation surtaxes;
    7. Levies imposed within the framework of international bodies.
  2. Revenue from the following taxes shall accrue to the Cantons:
    1. The property tax;
    2. The inheritance tax;
    3. The motor vehicle tax;
    4. Such taxes on transactions as do not accrue to the Federation pursuant to paragraph (1) or jointly to the Federation and the Cantons pursuant to paragraph (3) of this Article;
    5. The beer tax;
    6. The tax on gambling establishments.
  3. Revenue from income taxes, corporation taxes and turnover taxes shall accrue jointly to the Federation and the Cantons (joint taxes) to the extent that the revenue from the income tax and the turnover tax is not allocated to municipalities pursuant to paragraphs (5) and (6) of this Article. The Federation and the Cantons shall share equally the revenues from income taxes and corporation taxes. The respective shares of the Federation and the Cantons in the revenue from the turnover tax shall be determined by a federal law requiring the consent of the Landting. Such determination shall be based on the following principles:
    1. The Federation and the Cantons shall have an equal claim against current revenues to cover their necessary expenditures. The extent of such expenditures shall be determined with due regard to multi­year financial planning.
    2. The financial requirements of the Federation and of the Cantons shall be coordinated in such a way as to establish a fair balance, avoid excessive burdens on taxpayers, and ensure uniformity of living standards throughout the federal territory.
    Details shall be regulated by the federal law enacted pursuant to the third sentence of this paragraph.
  4. The respective shares of the Federation and the Cantons in the revenue from the turnover tax shall be apportioned anew whenever the ratio of revenues to expenditures of the Federation becomes substantially different from that of the Cantons. If a federal law imposes additional expenditures on or withdraws revenue from the Cantons, the additional burden may be compensated for by federal grants pursuant to a federal law requiring the consent of the Landting, provided the additional burden is limited to a short period of time. This law shall establish the principles for calculating such grants and distributing them among the Cantons.
  5. A share of the revenue from the income tax shall accrue to the Communes, to be passed on by the Cantons to their Communes on the basis of the income taxes paid by their inhabitants. Details shall be regulated by a federal law requiring the consent of the Landting. This law may provide that municipalities may establish supplementary or reduced rates with respect to their share of the tax.
  6. A share of the revenue from the turnover tax shall accrue to the Communes. It shall be passed on by the Cantons to their Communes on the basis of a formula reflecting geographical and economic factors. Details shall be regulated by a federal law requiring the consent of the Landting.
  7. Revenue from taxes on real property and trades shall accrue to the Communes; revenue from local taxes on consumption and expenditures shall accrue to the Communes or, as may be provided for by Cantonal legislation, to associations of Communes. Communes shall be authorised to establish the rates at which taxes on real property and trades are levied, within the framework of the laws. If there are no Communes in a Canton, revenue from taxes on real property and trades as well as from local taxes on consumption and expenditures shall accrue to the Canton. The Federation and the Cantons may participate, by virtue of an apportionment, in the revenue from the tax on trades. Details regarding such apportionment shall be regulated by a federal law requiring the consent of the Landting. In accordance with Cantonal legislation, taxes on real property and trades as well as the Communes’ share of revenue from the income tax and the turnover tax may be taken as a basis for calculating the amount of apportionment.
  8. An overall percentage of the Cantonal share of total revenue from joint taxes, to be determined by Cantonal legislation, shall accrue to the Communes or associations of Communes. In all other respects Cantonal legislation shall determine whether and to what extent revenue from Cantonal taxes shall accrue to Communes (associations of Communes).
  9. If in individual Cantons or Communes (associations of Communes) the Federation requires special facilities to be established that directly result in an increase of expenditure or in reductions in revenue (special burden) to these Cantons or Communes (associations of Communes), the Federation shall grant the necessary compensation if and insofar as the Cantons or Communes (associations of Communes) cannot reasonably be expected to bear the burden. In granting such compensation, due account shall be taken of indemnities paid by third parties and financial benefits accruing to these Cantons or Communes (associations of Communes) as a result of the establishment of such facilities.
  10. For the purpose of this Article, revenues and expenditures of Communes (associations of Communes) shall also be deemed to be revenues and expenditures of the Cantons.

Article 117 – Federal Grants for Public Transport
  1. The Cantons shall be entitled to an allocation of federal tax revenues for purposes of local mass transit. Details shall be regulated by a federal law requiring the consent of the Landting. Allocations made pursuant to the first sentence of this Article shall not be taken into account in determining the financial capacity of a Canton under paragraph (2) of Article 118.

Article 118 – Distribution of Tax Revenue
  1. Revenue from Cantonal taxes and the Cantonal share of revenue from income and corporation taxes shall accrue to the individual Cantons to the extent that such taxes are collected by finance authorities within their respective territories (local revenue). Details regarding the delimitation as well as the manner and scope of allotment of local revenue from corporation and wage taxes shall be regulated by a federal law requiring the consent of the Landting. This law may also provide for the delimitation and allotment of local revenue from other taxes. The Land share of revenue from the turnover tax shall accrue to the individual Cantons on a per capita basis; a federal law requiring the consent of the Landting may provide for the grant of supplementary shares not exceeding one quarter of a Canton’s share to Cantons whose per capita income from Cantonal taxes and from income and corporation taxes ranks below the average of all the Cantons combined; with respect to the tax on the acquisition of real estate, the capacity to generate revenue shall be considered.
  2. Such law shall ensure a reasonable equalisation of the disparate financial capacities of the Cantons, with due regard for the financial capacities and needs of Communes (associations of Communes). It shall specify the conditions governing the claims of Cantons entitled to equalisation payments and the liabilities of Cantons required to make them as well as the criteria for determining the amounts of such payments. It may also provide for grants to be made by the Federation to financially weak Cantons from its own funds to assist them in meeting their general financial needs (supplementary grants).

Article 119 – Financial Administration
  1. Customs duties, fiscal monopolies, taxes on consumption regulated by a federal law, including the turnover tax on imports, the motor vehicle tax and charges imposed within the framework of international bodies shall be administered by federal finance authorities. The organisation of these authorities shall be regulated by a federal law. Inasmuch as intermediate authorities have been established, their heads shall be appointed in consultation with the Cantonal governments.
  2. All other taxes shall be administered by the financial authorities of the Cantons. The organisation of these authorities and the uniform training of their civil servants may be regulated by a federal law requiring the consent of the Landting. Inasmuch as intermediate authorities have been established, their heads shall be appointed in agreement with the Storting.
  3. To the extent that taxes accruing wholly or in part to the Federation are administered by revenue authorities of the Cantons, those authorities shall act on federal commission. Paragraphs (3) and (4) of Article 88 shall apply, provided that the Federal Minister of the Treasury shall take the place of the Storting.
  4. Where and to the extent that execution of the tax laws will be substantially facilitated or improved thereby, a federal law requiring the consent of the Landting may provide for collaboration between federal and Cantonal revenue authorities in matters of tax administration, for the administration of taxes enumerated in paragraph (1) of this Article by revenue authorities of the Cantons, or for the administration of other taxes by federal revenue authorities. The functions of Cantonal revenue authorities in the administration of taxes whose revenue accrues exclusively to Communes (associations of Communes) may be delegated by the Cantons to Communes (associations of Communes) wholly or in part.
  5. The procedures to be followed by federal revenue authorities shall be prescribed by a federal law. The procedures to be followed by Cantonal revenue authorities or, as provided by the second sentence of paragraph (4) of this Article, by Communes (associations of Communes) may be prescribed by a federal law requiring the consent of the Landting.
  6. Financial jurisdiction shall be uniformly regulated by a federal law.
  7. The Storting may issue general administrative rules which, to the extent that administration is entrusted to Cantonal revenue authorities or to Communes (associations of Communes), shall require the consent of the Landting.

Article 120 – Budget Management
  1. The Federation and the Cantons shall be autonomous and independent of one another in the management of their respective budgets.
  2. The Federation and the Cantons shall perform jointly the obligations of the Arthurian Federation resulting from legal acts of international and shall, within this framework, give due regard to the requirements of overall economic equilibrium.
  3. The budgets of the Federation and the Cantons shall in principle be balanced without revenue from credits. The Federation and Cantons may introduce rules intended to take into account, symmetrically in times of upswing and downswing, the effects of market developments that deviate from normal conditions, as well as exceptions for natural disasters or unusual emergency situations beyond governmental control and substantially harmful to the state’s financial capacity. For such exceptional regimes, a corresponding amortisation plan must be adopted. Details for the budget of the Federation shall be governed by Article 127 with the proviso that the first sentence shall be deemed to be satisfied if revenue from credits does not exceed 0.35 percent in relation to the nominal gross domestic product. The Cantons themselves shall regulate details for the budgets within the framework of their constitutional powers, the proviso being that the first sentence shall only be deemed to be satisfied if no revenue from credits is admitted.
  4. A federal law requiring the consent of the Landting may establish principles applicable to both the Federation and the Cantons governing budgetary law, the responsiveness of budgetary management to economic trends, and long-term financial planning.
  5. Sanctions imposed by international bodies shall be borne by the Federation and the Cantons at a ratio of 65 to 35 percent. In solidarity, the Cantons as a whole shall bear 35 percent of the charges incumbent on the Cantons according to the number of their inhabitants; 65 percent of the charges incumbent on the Cantons shall be borne by the Cantons according to their degree of causation. Details shall be regulated by a federal law which shall require the consent of the Landting.

Article 121 – Budgetary Emergencies
  1. To avoid a budgetary emergency, a federal law requiring the consent of the Landting shall provide for:
    1. The continuing supervision of budgetary management of the Federation and the Cantons by a joint body (Stability Council);
    2. The conditions and procedures for ascertaining the threat of a budgetary emergency;
    3. The principles for the establishment and administration of programmes for taking care of budgetary emergencies.
    The decisions of the Stability Council and the accompanying documents shall be published.

Article 122 – Federal Budget
  1. All revenues and expenditures of the Federation shall be included in the budget; in the case of federal enterprises and special trusts, only payments to or remittances from them need be included. The budget shall be balanced with respect to revenues and expenditures.
  2. The budget for one or more fiscal years shall be set forth in a law enacted before the beginning of the first year and making separate provision for each year. The law may provide that various parts of the budget apply to different periods of time, divided by fiscal years.
  3. Bills to comply with the first sentence of paragraph (2) of this Article as well as bills to amend the Budget Law or the budget itself shall be submitted simultaneously to the Landting and to the Folkting; the Landting shall be entitled to comment on such bills within six weeks or, in the case of amending bills, within three weeks.
  4. The Budget Law may contain only such provisions as relate to federal revenues and expenditures and to the period for which it is enacted. The Budget Law may specify that its provisions shall expire only upon promulgation of the next Budget Law or, in the event of an authorisation pursuant to Article 127, at a later date.

Article 123 – Interim Budget Management
  1. If, by the end of a fiscal year, the budget for the following year has not been adopted by a law, the Storting, until such law comes into force, may make all expenditures that are necessary:
    1. To maintain institutions established by a law and to carry out measures authorised by a law;
    2. To meet the legal obligations of the Federation;
    3. To continue construction projects, procurements, and the provision of other benefits or services, or to continue to make grants for these purposes, to the extent that amounts have already been appropriated in the budget of a previous year.
  2. To the extent that revenues based upon specific laws and derived from taxes, or duties, or other sources, or the working capital reserves, do not cover the expenditures referred to in paragraph (1) of this Article, the Storting may borrow the funds necessary to sustain current operations up to a maximum of one quarter of the total amount of the previous budget.

Article 124 – Extrabudgetary Expenditures
  1. Expenditures in excess of budgetary appropriations or for purposes not contemplated by the budget shall require the consent of the Federal Minister of the Treasury. Such consent may be given only in the event of an unforeseen and unavoidable necessity. Details may be regulated by a federal law.

Article 125 – Increase of Expenditures
  1. Laws that increase the budget expenditures proposed by the Storting, or entail or will bring about new expenditures, shall require the consent of the Storting. This requirement shall also apply to laws that entail or will bring about decreases in revenue. The Storting may demand that the Folkting postpone its vote on bills to this effect. In this event the Storting shall submit its comments to the Folkting within six weeks.
  2. Within four weeks after the Folkting has adopted such a law, the Storting may demand that it vote on the law a second time.

Article 126 – Auditing of Accounts
  1. For the purpose of discharging the Storting, the Federal Minister of the Treasury shall submit annually to the Folkting and to the Landting an account of all revenues and expenditures as well as of assets and debts during the preceding fiscal year.
  2. The Federal Audit Court, whose members shall enjoy judicial independence, shall audit the account and determine whether public finances have been properly and efficiently administered. It shall submit an annual report directly to the Folkting and the Landting as well as to the Storting. In other respects the powers of the Federal Audit Court shall be regulated by a federal law.

Article 127 – Limits on Borrowing
  1. The borrowing of funds and the assumption of surety obligations, guarantees, or other commitments that may lead to expenditures in future fiscal years shall require authorisation by a federal law specifying or permitting computation of the amounts involved.
  2. Revenues and expenditures shall in principle be balanced without revenue from credits. This principle shall be satisfied when revenue obtained by the borrowing of funds does not exceed 0.35 percent in relation to the nominal gross domestic product. In addition, when economic developments deviate from normal conditions, effects on the budget in periods of upswing and downswing must be taken into account symmetrically. Deviations of actual borrowing from the credit limits specified under the first to third sentences are to be recorded on a control account; debits exceeding the threshold of 1.5 percent in relation to the nominal gross domestic product are to be reduced in accordance with the economic cycle. The regulation of details, especially the adjustment of revenue and expenditures with regard to financial transactions and the procedure for the calculation of the yearly limit on net borrowing, taking into account the economic cycle on the basis of a procedure for adjusting the cycle together with the control and balancing of deviations of actual borrowing from the credit limit, requires a federal law. In cases of natural catastrophes or unusual emergency situations beyond governmental control and substantially harmful to the state’s financial capacity, these credit limits may be exceeded on the basis of a decision by a majority of the Folkting’s members. The decision has to be combined with an amortisation plan. Repayment of the credits borrowed under the sixth sentence must be accomplished within an appropriate period of time.
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Postby The Arthurian Isles » Fri Mar 25, 2016 10:42 am

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XII.
State of Defence


Article 128 – Declaration of a State of Defence
  1. Any determination that the federal territory is under attack by armed force or imminently threatened with such an attack (state of defence) shall be made by the Folkting with the consent of the Landting. Such determination shall be made on application of the Storting and shall require a two-thirds majority of the votes cast, which shall include at least a majority of the members of the Folkting.
  2. If the situation imperatively calls for immediate action, and if insurmountable obstacles prevent the timely convening of the Folkting or if the Folkting cannot muster a quorum, the Joint Committee shall make this determination by a two-thirds majority of the votes cast, which shall include at least a majority of its members.
  3. The determination shall be promulgated by the Raðmaður in the Federal Gazette pursuant to Article 85. If this cannot be done in time, promulgation shall be effected in another manner; the determination shall be printed in the Federal Gazette as soon as circumstances permit.
  4. If the federal territory is under attack by armed force, and if the competent federal authorities are not in a position at once to make the determination provided for in the first sentence of paragraph (1) of this Article, the determination shall be deemed to have been made and promulgated at the time the attack began. The Storting shall announce that time as soon as circumstances permit.
  5. If the determination of a state of defence has been promulgated, and if the federal territory is under attack by armed force, the Storting, with the consent of the Folkting, may issue declarations under international law regarding the existence of the state of defence. Under the conditions specified in paragraph (2) of this Article, the Joint Committee shall act in place of the Folkting.

Article 129 – Power of Command of the Storting
  1. Upon the promulgation of a state of defence the power of command over the armed forces shall pass to the Storting.

Article 130 – Extension of the Legislative Powers of the Federation
  1. The Federation shall have the right to legislate concurrently for a state of defence even with respect to matters within the legislative powers of the Cantons. Such laws shall require the consent of the Landting.
  2. To the extent required by circumstances during a state of defence, a federal law for a state of defence may:
    1. Make temporary provisions concerning compensation in the event of expropriation that deviate from the requirements of the second sentence of paragraph (3) of Article 14;
    2. Establish a time limit for deprivations of freedom different from that specified in the third sentence of paragraph (2) and the first sentence of paragraph (3) of Article 112, but not exceeding four days, for cases in which no judge has been able to act within the time limit that normally applies.
  3. To the extent necessary to repel an existing or imminently threatened attack, a federal law for a state of defence may, with the consent of the Landting, regulate the administration and finances of the Federation and the Cantons without regard to Chapters VIII, IX and XI of this Basic Law, provided that the viability of the Cantons, Communes, and associations of Communes, especially with respect to financial matters, is assured.
  4. Federal laws enacted pursuant to paragraph (1) or clause 1 of paragraph (2) of this Article may, for the purpose of preparing for their enforcement, be applied even before a state of defence arises.

Article 131 – Urgent Bills
  1. During a state of defence the federal legislative process shall be governed by the provisions of paragraphs (2) and (3) of this Article without regard to the provisions of paragraph (2) of Article 78, the second sentence of paragraph (1) and paragraphs (2) to (4) of Article 79, Article 80, and paragraph (1) of Article 84.
  2. Storting bills that the Storting designates as urgent shall be forwarded to the Landting at the same time as they are submitted to the Folkting. The Folkting and the Landting shall debate such bills in joint session without delay. Insofar as the consent of the Landting is necessary for any such bill to become law, a majority of its votes shall be required. Details shall be regulated by rules of procedure adopted by the Folkting and requiring the consent of the Landting.
  3. The second sentence of paragraph (3) of Article 128 shall apply to the promulgation of such laws mutatis mutandis.

Article 132 – Joint Committee
  1. If, during a state of defence, the Joint Committee by a two-thirds majority of the votes cast, which shall include at least a majority of its members, determines that insurmountable obstacles prevent the timely convening of the Folkting or that the Folkting cannot muster a quorum, the Joint Committee shall occupy the position of both the Folkting and the Landting and shall exercise their powers as a single body.
  2. This Basic Law may neither be amended nor abrogated nor suspended in whole or in part by a law enacted by the Joint Committee. The Joint Committee shall have no power to enact laws pursuant to the second sentence of paragraph (1) of Article 23 or Article 27.

Article 133 – Førensamstaten Logreglan
  1. During a state of defence the Storting, to the extent circumstances require, may:
    1. Employ the Førensamstaten Logreglan throughout the federal territory;
    2. Issue instructions not only to federal administrative authorities but also to Cantonal governments and, if it deems the matter urgent, to Cantonal authorities, and may delegate this power to members of Cantonal governments designated by it.
  2. The Folkting, the Landting and the Joint Committee shall be informed without delay of the measures taken in accordance with paragraph (1) of this Article.

Article 134 – Federal Constitutional Court
  1. Neither the constitutional status nor the performance of the constitutional functions of the Federal Constitutional Court or its judges may be impaired. The law governing the Federal Constitutional Court may be amended by a law enacted by the Joint Committee only insofar as the Federal Constitutional Court agrees is necessary to ensure that it can continue to perform its functions. Pending the enactment of such a law, the Federal Constitutional Court may take such measures as are necessary to this end. Determinations by the Federal Constitutional Court pursuant to the second and third sentences of this Article shall be made by a majority of the judges present.

Article 135 – Electoral Terms and Terms of Office
  1. Any electoral terms of the Folkting or of Cantonal parliamentary bodies due to expire during a state of defence shall end six months after the termination of the state of defence. The term of office of a member of the Federal Constitutional Court due to expire during a state of defence shall end six months after the termination of the state of defence.
  2. Should it be necessary for the Joint Committee to elect a new Storting, it shall do so by the votes of a majority of its members. The Joint Committee may express its lack of confidence in the Storting only by electing a successor by a two-thirds majority of its members.
  3. The Folkting shall not be dissolved while a state of defence exists.

Article 136 – Powers of the Cantonal Governments
  1. If the competent federal bodies are incapable of taking the measures necessary to avert the danger, and if the situation imperatively calls for immediate independent action in particular areas of the federal territory, the Cantonal governments or the authorities or representatives they designate shall be authorised, within their respective spheres of competence, to take the measures provided for in paragraph (1) of Article 133.
  2. Any measures taken in accordance with paragraph (1) of this Article may be rescinded at any time by the Storting, or, with respect to Cantonal authorities and subordinate federal authorities, by Presidentmaðurs of the Cantons.

Article 137 – Duration of Emergency Provisions
  1. Laws enacted in accordance with Articles 130, 132 and 134, as well as statutory instruments issued on the basis of such laws, shall suspend the operation of incompatible law so long as they are in effect. This provision shall not apply to earlier law enacted pursuant to Articles 130, 132 or 134.
  2. Laws adopted by the Joint Committee, as well as statutory instruments issued on the basis of such laws, shall cease to have effect no later than six months after the termination of a state of defence.
  3. Laws containing provisions that diverge from Articles 95, 96, 113, 116 and 117 shall apply no longer than the end of the second fiscal year following the termination of a state of defence. After such termination they may, with the consent of the Landting, be amended by a federal law so as to revert to the provisions of Chapters IX and XI.

Article 138 – Conclusion of Peace
  1. The Folkting, with the consent of the Landting, may at any time repeal laws enacted by the Joint Committee. The Landting may demand that the Folkting reach a decision on this question. Any measures taken by the Joint Committee or by the Storting to avert a danger shall be rescinded if the Folkting and the Landting so decide.
  2. The Folkting, with the consent of the Landting, may at any time, by a decision to be promulgated by the Raðmaður, declare a state of defence terminated. The Folkting may demand that the Folkting reach a decision on this question. A state of defence shall be declared terminated without delay if the conditions for determining it no longer exist.
  3. The conclusion of peace shall be determined by a federal law.
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Postby The Arthurian Isles » Fri Mar 25, 2016 10:43 am

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XIII.
Popular Initiative


Article 139 – Total Revision of the Basic Law
  1. Any one hundred thousand Arthurian citizens eligible to vote may within eighteen months of the official publication of their initiative propose a total revision of this Basic Law.
  2. A proposal regarding paragraph (1) of this Article must be submitted to a vote of the People.

Article 140 – Partial Revision of the Basic Law
  1. Any one hundred thousand persons eligible to vote may within eighteen months of the official publication of their initiative request a partial revision of this Basic Law.
  2. A popular initiative for the partial revision of this Basic Law may take the form of a general proposal or of a specific draft of the provisions proposed.
  3. If the initiative fails to comply with the requirements of consistency of form, and of subject matter, or if it infringes mandatory provisions of international law, the Alting shall declare it to be invalid in whole or in part.
  4. If the Alting is in agreement with an initiative in the form of a general proposal, it shall draft the partial revision on the basis of the initiative and submit it to the vote of the People and the Cantons. If the Alting rejects the initiative, it shall submit it to a vote of the People; the People shall decide whether the initiative should be adopted. If they vote in favour, the Alting shall draft the corresponding bill.
  5. An initiative in the form of a specific draft shall be submitted to the vote of the People and the Cantons. The Alting shall recommend whether the initiative should be adopted or rejected. It may submit a counter-proposal to the initiative.

Article 141 – Procedure and Counter-proposal
  1. The People vote on the initiative and the counter-proposal at the same time.
  2. The People may vote in favour of both proposals. In response to a third question, they may indicate the proposal that they prefer if both are accepted.
  3. If in response to a third question one proposal to amend this Basic Law receives more votes from the People and the other more votes from the Cantons, the proposal that comes into force is that which achieves the higher sum if the percentage of votes of the People and the percentage of votes of the Cantons in a third question are added together.

Article 142 – Mandatory Referendum
  1. The following shall be put to the vote of the People and the Cantons:
    1. Amendments to this Basic Law;
    2. Accession to international bodies;
    3. Emergency federal acts that are not based on a provision of this Basic Law and whose term of validity exceeds one year; such federal acts must be put to the vote within one year of being passed by the Alting. Emergency legislation not covered by Chapter XII shall not be affected by this paragraph.
  2. The following shall be submitted to a vote of the People:
    1. Popular initiatives for a total revision of this Basic Law;
    2. Popular initiatives for a partial revision of this Basic Law in the form of a general proposal that have been rejected by the Alting;
    3. The question of whether a total revision of this Basic Law should be carried out, in the event that there is disagreement between the Folkting and the Landting.

    Article 143 – Implementation of International Treaties
    1. If the decision on ratification of an international treaty is subject to a mandatory referendum, the Alting may incorporate in the decision on ratification the amendments to the Basic Law that provide for the implementation of the treaty.
    2. If the decision on ratification of an international treaty is subject to an non-mandatory referendum, the Alting may incorporate in the decision on ratification the amendments to the law that provide for the implementation of the treaty.

    Article 144 – Required Majorities
    1. Proposals that are submitted to the vote of the People shall be accepted if a majority of those who vote approve them.
    2. Proposals that are submitted to the vote of the People and Cantons shall be accepted if a majority of those who vote and a majority of the Cantons approve them.
    3. The result of a popular vote in a Canton shall determine the vote of the Canton.
    4. Each Canton shall have at least four votes; Cantons with more than eight hundred thousand inhabitants shall have five, Cantons with more than one million inhabitants six votes.
Last edited by The Arthurian Isles on Sat Mar 31, 2018 11:05 am, edited 4 times in total.


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