Council of Advisors 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 establishes the Council of Advisors.
2. This Charter defines the role of the Council in advising the Koru and in the making of ordinary law.
3. This Charter provides the sole framework for statutes and regulations of the Hokorian State.

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.
4. This Charter is subject to the Sovereignty and Koru Charter.

Part II- The Council of Advisors

Section 3- Establishment of the Council

1. The Council of Advisors is hereby established.
2. The Council exists to advise the Koru and to perform such functions as are delegated under this Charter.
3. The Council has no inherent authority.

Section 4- Composition

1. Members of the Council are appointed and dismissed by the Koru.
2. The number of members, their titles and their terms of service shall be as the Koru determines.
3. The Council may operate with any number of members, including a single member.

Section 5- Role of the Council

1. The Council may deliberate on matters referred to it by the Koru or the Prime Minister.
2. The Council may propose statutes or other instruments to the Koru.
3. The Council may consent to, advise against or decline proposals.
4. Advice of the Council is not binding unless expressly required by a Constitutional Order.

Part III- Ordinary Law

Section 6- Source of Ordinary Law

1. All ordinary law of the Hokorian State shall derive from this Charter.
2. Ordinary law consists only of:
3. statutes made under this Charter; and
4. regulations made under authority of such statutes.
5. No law shall have effect unless recognised under this Charter or by Constitutional Order of the Koru.

Section 7- Statutes of the Council of Advisors

1. A statute may be proposed by:
2. the Koru;
3. the Prime Minister; or
4. the Council.
5. A statute shall have effect upon assent by the Koru.
6. A statute may be suspended, repealed or revived by Constitutional Order or in accordance with its own provisions.
7. A statute may authorise the making of regulations.

Section 8- Regulations

1. Regulations may be made only where expressly authorised by a statute.
2. Regulations shall have effect only within the scope of the authorising statute.
3. Regulations shall cease to have effect where the authorising statute is suspended or repealed.

Part IV- Procedure and Informality

Section 9- Council Procedure

1. The Council may determine its own procedures.
2. No particular form of meeting, quorum, vote or record is required unless imposed by the Council itself.
3. Informal deliberation shall not invalidate any outcome.

Section 10- Formalisation of Law

1. The validity of a statute or regulation depends only upon authority and assent, not upon procedure.
2. No failure of process shall of itself invalidate a law.

Part V- Relationship with Government

Section 11- Prime Minister and Government

1. A Prime Minister may be recognised under a statute.
2. The Prime Minister may propose statutes and regulations.
3. The structure and operation of Government shall be as provided by statute and need not be fixed.

Part VI- Continuity and Interpretation

Section 12- Continuity

1. The absence, inactivity or vacancy of the Council shall not prevent the exercise of sovereign authority.
2. Where the Council is inactive, the Koru may act without advice.

Section 13- Interpretation

1. This Charter shall be interpreted so as to preserve flexibility, continuity and authority.
2. Where ambiguity arises, the interpretation most consistent with effective governance shall prevail.

Part VII- Final Provisions

Section 14- Relationship to Other Law

1. This Charter does not limit the power of the Koru to act by Constitutional Order.
2. Other Constitutional Charters shall operate consistently with this Charter unless expressly stated otherwise.