Kalirion Instrument of Government

[Allot]

An Act Establishing the House of Kalir as the Instrument of Government for the Nation of Elwynn and its Associated Territories within the Union of the Imperial Republic of Shireroth

The Council of Eliria, on behalf of the people and lands of the Greater Elwynnese Domain between and beyond the Two Rivers, expressing the collective will of the national community, notes that:

Whereas the Duchies have been overthrown by the will of the Sovereign imperial power of the Kaiser and;

Whereas the people of Elwynn form one indivisible nation within the wider union of the Imperial Republic, that comprises of the lands wherein they dwell, and that, in order to secure the future prosperity, peace and good governance conducive to the continued preservation of the Elwynnese community and its culture, the nation must be defended and preserved;

Therefore a House of dignity and sound principle must be formed to serve as the instrument of government for the Nation.

It is Hereby Enacted by the Lords Temporal of Elwynn, by and with the consent of the Stewardess of Elwynn, that:

Article 1 – The House of Kalir & Its Patron

(1) The House of Kalir is hereby established;
(2) All rights of power and patronage provided for under Imperial Law shall be reserved to it;
(3) Daniel Llai of Cape Farewell shall be its patron and foremost member;
(4) The Patron of the House of Kalir shall have the power to issue statutory instruments (Decrees) enacting by-laws in such areas of competence not reserved by the Imperial Government.
(5) The Patron shall represent the lands under the government of the House of Kalir to the Imperial Government by all means lawfully provided for, including attending upon the business of the Landsraad with full plenipotentiary powers;
(6) The Patron is designated Överbefälhavaren (Supreme Commander) of the Elwynnbrigaden and its auxiliary formations and shall be responsible for the defence of the realm within the jurisdiction of the House of Kalir and shall enjoy powers both sanguinary (proscription) and martial against all enemies, both foreign and domestic, subject to ratification of the Council of Eliria within forty-eight hours
a. Whilst adhering at all times to Imperial Law and the will of the Kaiser
(7) The Patron shall appoint a Brigadengeneral in accordance with residual Decree LV of the Duchy of Elwynn to provide the chief of staff function to
the Överbefälhavaren;
(8) The line of succession for the House shall be determined by the Patron upon his accession but may be revised at any time and shall not be considered binding upon his successors who may also make subsequent revisions, both on the occasion of their accession or at any other suitable opportunity, subject entirely to their own discretion;
(9) The House of Kalir shall be one and indivisible, held in fealty to the Mango Throne
a. No Patron may disband the House of Kalir or seek union with another house of Shireroth without first securing the permission of three-fourths of the Council of Eliria;
b. Secession from the Imperial Republic of Shireroth by the House of Kalir or any of its constituent parts shall be absolutely forbidden on pain of such punishments that are the preserve of the Khan’s imagination and which are best kept there for the sake of all concerned.

Article 2 – Membership of the House of Kalir

(1) Inducted into the membership of the House of Kalir shall be
a. Daniel Llai of Cape Farewell as patron
b. Isabelle Allot of Araxion, Scott Alexander of Hyperborea, Harald Thorstein of Ettlingar Freyu of Cimmeria and Avaldsnes, Aurangzeb
Khan Osmani of Alalehzamin, Aryeztur Mejorkhor of Parvatvana, Cho'gall of Agnesia, Leo Eldwood of Wintergleam and Wolfraven, being the founding members of the House;
c. All such persons that are adopted into the House by the Patron;
d. The lawfully designated heir or successor to a former member;
(2) All members shall enjoy the rights provided for under Imperial Law;
(3) When a noble is inducted into the House, his person and all his lands shall come under the jurisdiction of the Patron, excepting those offices and titles held directly in fief from the Kaiser;
(4) All persons inducted into the House and in receipt of its patronage as members shall be recorded on the Nominal Roll of the House;
(5) A member of the House shall be deemed to have quit its company if he has
a. Resigned from the House by lawful means, these being that the member serves notice to the Steward of the House of Kalir who shall actuate the notice by means of a writ within five days of being in receipt of the aforementioned notice, amending the Nominal Roll and all other appropriate records accordingly;
b. By reason of failing to respond to a writ of summons issued by the Steward instructing the named member to attend upon the Patron within ten days of its issuance, whereupon the member shall be considered disestablished with regards to the representation in this media of his corporeal actuality (deceased) and rendered a legal person no more;
c. By reasons of infamies and crimes against the nation that are sufficiently severe to warrant genuine public outrage, whereupon the Steward may submit to the Council of Eliria a text of indictment, known as an Act of Attainder, calling for the erasure of the member from the Nominal Roll and his expulsion from the House. An Act of Attainder shall be submitted to the Patron for ratification only if the Council of Eliria resolves in favour of such a course of action by a majority of three-fourths or greater;

Article 3 - The Council of Eliria (Codification of the Rules of Order)

(1) A governing legislative council shall be established, which shall be called the Council of Eliria. [K2:3902]
a. The Council of Eliria shall constitute an assembly of the resident Members of the House of Kalir, who shall each be Nobles or Commoners; [K2:3902]
b. Commoners shall be admitted to the Council as House Commoners. [K2:3902]
(2) The Council shall be generally Presided over by His Grace the Patron of the House, or by any appointed Steward, or by the Proposer of a Proposal, but not by the Petitioner of a Petition;
(3) The Council of Eliria shall advise the Patron of the House on all matters and affairs of government relating to the territories under the jurisdiction of the House;
a. Any person so presiding (a "Presiding Member") shall not be prohibited from fulfilling all other duties and privileges of a Member.
b. Any Presiding Member may conduct a roll-call from time-to-time to ascertain the presence of Members.
(4) Proposals and Petitions
a. Any Member may propose a Proposal for debate by the Council as a whole, or may present a Petition to the Patron or any appointed Steward, and the same shall be debated and resolved according to these Rules of Order.
b. To propose any Proposal for consideration by the Council, or any Petition for consideration by the Patron or an appointed Steward, the Member shall post its content in the forum of the Council, clearly labelled as either a Proposal or a Petition.
c. Each Proposal shall have a minimum of one week for general debate and amendments, and each Petition shall have three days for general debate and amendments; where
i. A Presiding Member, upon recommendation by the Members, shall extend, delay or end debate for Proposals only when the Presiding Member feels it is necessary.
d. During the debate, any Member may introduce amendments to the Proposal in consideration, but may not introduce amendments to Petitions.
e. After the period of debate, a Presiding Member shall conduct the vote on any amendments to Proposals that may have come up. After the vote has ceased, the Proposal shall be voted upon as follows; Petitions shall be voted upon after their period of debate as follows; provided that
i. The ballot choices shall be the following:
1. Aye, which shall be a vote to pass the Proposal or Petition;
2. Nay, which shall be a vote to defeat the Proposal or Petition;
3. Abstain, which shall be a vote to not make a decision on the Proposal or Petition; or
4. Defer, for Proposals only, which shall be a vote to extend the debate period for one week.
ii. All votes shall be conducted via a write-in ballot to be posted in the forum of the Council; and
iii. All voting shall be conducted over a minimum four-day period for Proposals, or a fixed three-day period for Petitions, where
f. A Presiding Member, upon recommendation by the Members of the Council, shall extend, delay or end voting on Proposals, but not Petitions, when the Presiding Member feels it is necessary.
g. Nobles-Equestrian shall be granted three votes, Nobles-Civitas shall be granted two votes and House Commoners shall receive one vote. The Patron of Kalir has no votes but may overturn or support a Council decision regardless of the votes provided that his powers are not limited by a previous Council decision (i.e. impeachment). [K2:3902]
h. In the event of a tie, the Patron shall decide whether or not to accept the Proposal/Petition.
i. At the conclusion of voting procedures, according to the votes cast a Presiding Member will announce the passing or rejection of the Proposal or the Petition. A relevant decree will then be issued by the Patron of Kalir or an appointed Steward.
(5) Rules of Decorum
a. Members shall refrain from personal attacks against fellow Members
in the Council forum.
i. If a Member violates this rule, another Member may ask that the words of the Member in Question be retracted; provided that
1. Any Member asking that the words of another member be retracted must specifically state what words violated this rule.
2. If a Presiding Member orders that the words of a Member be retracted, then the Member shall be barred from speaking in the Council forum for three days.
ii. A Member's words may not be retracted if the statement is an attack on the Member in question's position on an issue as long as the language used in the attack is not obscene or uncivil;
b. A Member may be disciplined by the Council for statements made outside the Council forum about colleagues in the Council only if such statements are defamatory, obscene, or bring gross indignity upon the Council.
(6) Rules of Discipline
a. The Council may discipline its Members for unethical conduct, or conduct which brings disrepute upon the Council.
b. The Council may reprimand one of its Members by a Majority vote; provided that
i. A Proposal or Petition to reprimand a Member may only be amended with a substitute Proposal or Petition for the censuring or expelling of the Member;
ii. If a Proposal or Petition reprimanding a Member is passed by a Majority of the Council then it shall be published on all public forums of the House.
c. The Council may censure one of its Members by a Majority vote; provided that
i. A Proposal or Petition censuring a Member may only be amended with a substitute Proposal or Petition for the reprimanding or expelling of the Member;
ii. If a Proposal or Petition censuring a Member is passed by a Majority of the Council then it shall be published on all public forums of the Duchy. In addition to this, the Member shall be removed from all committees of the Council on which they sit, be forbidden from speaking in the Council forum, and be disallowed from sponsoring any Proposal or Petition or amendments in the Council;
d. A Member may only be disciplined if one or more of the following is true:
i. Their actions brought disgrace and dishonour upon the Council:
1. They have allowed themselves to be corrupted (i.e. through bribery or extortion);
2. They have violated a trust given him by the Council;
3. They have abused the power of their office;
4. They have been convicted of a crime;
5. They have behaved in a disrespectful manner towards the Council;
6. They have been incompetent in the performance of a duty given them by the Council and that incompetence has brought shame upon the Council;
or
7. They have lost the capacity to serve in the Council.
ii. A Member may not be disciplined by the Council for any of the following reasons:
1. Their political choices, ideology or beliefs;
2. Their vote on any Proposal or Petition to the Council;
or
3. Their religious beliefs or lack thereof.
(7) Committees
a. Notwithstanding the right to informal debate, any Member may request of a Presiding Member the formation of a Committee on a particular topic for the purposes of discussion and possible formation of a working paper with regards to a Proposal or Petition.
b. Such Committee Sessions within the Council shall be labelled as such, followed by the topic of the Session.
c. A Presiding Member must consent to the formation of the Committee and shall serve as its Chairman. That Presiding Member shall also be the person responsible for adjourning such a Committee Session.
(8) Conventions
a. The Patron or an appointed Steward may at any time start an informal Convention for the debating of a range of themed topics, to be conducted as they see fit.
b. Nothing in the Rules of Order shall prevent the Patron or an appointed Steward from exercising their right to issue decrees on any internal matter concerning the Duchy.

Article 4 - The Steward

(1) The Steward of the House is both the deputy and the designated heir of the Patron. He is appointed by the Patron on the advice of the Council of
Eliria. The Steward shall act as instructed by the Patron with appropriately delegated authority or with full executive authority in the absence of the Patron if that absence has been in excess of ten days without prior notice having been given by the same.

Article 5 - Amendment

(1) This Act may only be amended by the Patron with the approval of a three-fourths majority of the Council of Eliria.

Article 6 - Continuity of Law

(1) Decrees of the Old Duchy of Elwynn and all other sub-divisions of which the House of Kalir may be correctly deemed the successor shall be held to be valid and applicable still in all instances save for those where the effects would obviously be harmful or nonsensical or else in plain contradiction with the provisions of this Act;
(2) There shall therefore be held to be continuity in law and custom between old and new.

Article 7 - Concluding Provisions

(1) This Act may be cited as the Kalirion Instrument of Government (Elwynn) Act and replaces the Kalir Act of 3884;
(2) This Act shall be deemed to be in effect from the date of its ratification by the Council of Eliria.

Done at Eliria 3895 ASC