Regency and Succession Charter

ESTABLISHED by Constitutional Order of the Koru of the Hokorian State under the Constitution of the Hokorian State.

Part I- Purpose and Status

Section 1- Purpose of this Charter

  1. This Charter provides for the continuity of sovereignty where the Koru is unable to exercise authority.
  2. This Charter establishes the Council of Advisors as the regency authority of the State.
  3. This Charter provides limited mechanisms for removal and succession of the Koru in exceptional circumstances.
  4. This Charter does not transfer sovereignty from the office of the Koru.

Section 2- Constitutional Status

  1. This Charter has constitutional force.
  2. This Charter has effect only for so long as it is established by Constitutional Order.
  3. This Charter prevails over any statute or regulation to the extent of inconsistency.
  4. This Charter is subject to the Sovereignty and Koru Charter.

Part II- Regency Authority

Section 3- Council of Advisors as Regency Council

  1. Where a regency is in effect, the Council of Advisors shall act as the Regency Council.
  2. No separate regency body shall exist.
  3. The Regency Council exercises only such authority as is necessary to preserve continuity of the State.

Section 4- Triggering a Regency

  1. A regency may be triggered where the Koru is:
  2. absent for a prolonged period;
  3. incapacitated;
  4. unable or unwilling to exercise authority; or
  5. acting in a manner that places the continuity of the State at serious risk.
  6. A regency shall be declared by Constitutional Order of the Koru, or where the Koru is unable to act, by resolution of the Council of Advisors.

Part III- Exercise of Authority During Regency

Section 5- Scope of Regency Powers

  1. During a regency, the Council of Advisors may exercise authority necessary to:
  2. maintain governance;
  3. issue or advise upon statutes and regulations;
  4. ensure security and administration; and
  5. prepare for restoration or succession.
  6. The Regency Council shall not permanently amend the Constitution except as provided in this Charter.

Section 6- Acting in the Name of the Koru

  1. Acts of the Regency Council during a regency shall be taken in the name of the Koru.
  2. Such acts shall have full legal effect.

Part IV- Removal of the Koru

Section 7- Grounds for Removal

  1. The Council of Advisors may remove the Koru only where:
  2. the Koru is permanently incapacitated; or
  3. the Koru has abandoned the office; or
  4. the Koru has acted in sustained and manifest disregard for the continuity of the State.
  5. Removal shall be a measure of last resort.

Section 8- Procedure for Removal

  1. Removal of the Koru requires:
  2. a formal finding by the Council of Advisors; and
  3. a supermajority of Council members, as defined by Council statute.
  4. The decision and reasons for removal shall be recorded.

Part V- Succession and Selection

Section 9- Succession of the Koru

  1. Where the Koru is removed, abdicates or is permanently unable to serve, the Council of Advisors shall provide for succession.
  2. Succession may occur by:
  3. recognition of an existing heir; or
  4. selection of a new Koru by the Council of Advisors.
  5. The method of selection shall be as determined by the Council under statute or resolution.

Section 10- Appointment of a New Koru

  1. A person selected as Koru shall assume office upon recognition by the Council of Advisors.
  2. Upon assumption of office, full sovereign authority shall vest in the new Koru.
  3. The regency shall immediately terminate upon succession.

Part VI- Termination and Continuity

Section 11- Termination of Regency

  1. A regency shall terminate where:
  2. the Koru resumes authority; or
  3. a new Koru assumes office.
  4. Acts lawfully taken during a regency shall remain valid.

Section 12- Interpretation

  1. This Charter shall be interpreted narrowly.
  2. No power under this Charter shall be presumed beyond what is expressly provided.

Part VII- Final Provisions

Section 13- Relationship to Other Charters

  1. This Charter operates alongside the Council of Advisors Charter.
  2. Nothing in this Charter permits routine interference with the office of the Koru.

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