WHEREAS the Cunstaval is the organically mandated representative of the Crown in a province; and
WHEREAS the Cunstaval may, in certain situations, exercise all the powers of the provincial government; and
WHEREAS the Cunstaval should have the full trust and confidence of the people from the province where he or she will have power over; and,
WHEREAS it is only possible to earn a province's full trust and confidence if the Cunstaval belongs to the province that they will have power over; and
WHEREAS most Cunstavals are not residents of the provinces they have power over, and non-residents are still being appointed by the Crown to represent a particular province; and
WHEREAS the practice of appointing a non-resident as Cunstaval is not fully reflective of the will of the residents of a province where the former will have power over; and
WHEREAS the above-mentioned practice may only cause distrust and resentment between the Crown and its subjects; now
THEREFORE Org.17.9, which currently reads
Each Province shall govern itself in such a manner as to guarantee its citizens the full protection of their rights under this Organic Law. Provincial elections may, if so specified in a Province's constitution, be conducted by the Chancery at the same time as elections to the Cosâ, and in accordance with the national election laws and rules. The King shall appoint a Cunstavál (or Constable) for each Province. Until such time as the King or Cunstavál proclaims a provincial constitution providing otherwise, a Province's Cunstavál shall serve as Military Governor and may exercise all the powers of the provincial government. No Cunstavál shall proclaim any provincial constitution or constitutional amendment which:
- Conflicts with any provision of this Organic Law,
- Grants to the King (and consequently to the Cunstavál as the King's representative in the Province) royal powers less extensive than those granted to the King on the national level, except that the provincial royal powers need not include a right of dissolution if provincial elections are held concurrently with Cosâ elections,
- Fails to provide a right to appeal decisions of the provincial court or courts (if any) to the Cort pü inalt or such other national courts as may be created by the Ziu, or
(In the case of the adoption of a new constitution, is not approved by a referendum in which at least either a majority of all citizens of the province or a two-thirds majority of votes actually cast is in favor of the constitution.)
shall be amended to read,
Each Province shall govern itself in such a manner as to guarantee its citizens the full protection of their rights under this Organic Law. Provincial elections may, if so specified in a Province's constitution, be conducted by the Chancery at the same time as elections to the Cosâ, and in accordance with the national election laws and rules. The King shall appoint a Cunstavál (or Constable) for each Province from a list of qualified individuals, which is to be drafted and submitted by the respective provincial legislatures. Until such time as the King or Cunstavál proclaims a provincial constitution providing otherwise, a Province's Cunstavál shall serve as Military Governor and may exercise all the powers of the provincial government. No Cunstavál shall proclaim any provincial constitution or constitutional amendment which:
- Conflicts with any provision of this Organic Law,
- Grants to the King (and consequently to the Cunstavál as the King's representative in the Province) royal powers less extensive than those granted to the King on the national level, except that the provincial royal powers need not include a right of dissolution if provincial elections are held concurrently with Cosâ elections,
- Fails to provide a right to appeal decisions of the provincial court or courts (if any) to the Cort pü inalt or such other national courts as may be created by the Ziu, or
(In the case of the adoption of a new constitution, is not approved by a referendum in which at least either a majority of all citizens of the province or a two-thirds majority of votes actually cast is in favor of the constitution.)
Ureu q'estadra så,
Chirbi Scherpa-Carriedo (MC-FreeDems)