Las Portadas

From Seasteading
Revision as of 15:25, 19 December 2014 by JLMadrigal (talk | contribs) (→‎Acquisition Types: Type 1 to include purchase from citizens.)
Jump to: navigation, search

Contents

Constitution of Las Portadas

Part A. Unamendable

This portion (Part A) of the Constitution of Las Portadas may not be altered or amended under any circumstances, except by the unanimous consent of every Associate of Las Portadas.

  • All functions and powers of Las Portadas shall be specified in this Constitution.
  • The jurisdiction of Las Portadas over any of the territories, aquatories, or other entities underwritten or administered by same may not exceed 100 years from the date on which such jurisdiction originated, except where the proprietors of said territory or aquatory unanimously agree to an extension, and retain the authority to review or revoke such extension on an annual basis.
  • The jurisdiction of Las Portadas over any community, territory, aquatory, or other entity, or any portion thereof, shall be limited to activities that are authorized by the members of said communities on an individual, contractual, and voluntary basis.
  • Nothing in this Constitution shall be construed to prevent anyone from freely communicating, interacting, or trading with any willing party as he sees fit, from providing, acquiring, or utilizing the means necessary to physically or legally defend oneself or his associates from intrusion or tyranny, or from providing, acquiring, or utilizing any voluntary means of currency or exchange.
  • The master lease for all multiple tenant income properties that are underwritten by Las Portadas both within and outside the territories of Aquia, that have populations exceeding 100 persons, shall be the ClubStead Master Lease.
  • All members of Las Portadas and all businesses, governments, and entities with whom Las Portadas conducts business shall abide by the Civil Order Pact in said business transactions and in regard to those who are touched by any transactions conducted by same.
  • The guiding principles for all interpersonal relationships and private or business activities underwritten by Las Portadas and those undertaken by Las Portadas and all businesses and individuals associated therewith shall be those that are outlined in The Covenant of Unanimous Consent and detailed in Instead of Politics (Civilization 101) and Los Principios de Civilización.

Part B. General Framework

Article I. Amendment Procedure

This portion (Part B) of the Constitution of Las Portadas may not be altered or amended, except by

  • Affirmation by 80% pro rata of all concurrent members of the Board of Insurance, who are specified in Part D, according to the fraction of the total value of coverage that is underwritten by said members within any Territory associated with Las Portadas as determined by the formula in Part D Article I,
  • Affirmation by 80% pro rata of all concurrent members of the Council of Government Interface, who are specified in Part F, according to the fraction of funds that each generated toward the purchase or initial lease of all or part of a Las Portadas Territory as determined by the formula in Part F Article I, and

Article II. Purpose and Function of Las Portadas

The purpose and function of Las Portadas shall be:

  • To acquire and underwrite the properties and marketable rights and services defined in Article III and Part C., Article X, and then to transfer these first to existing Resident Members, then to Nonresident Members and Associates of the autonomous freezone community,
  • To interface between autonomous communities and the host governments or other level 1 grantors or lessors from whom said territories are acquired.

The budget of Las Portadas shall be derived solely from said activities, which shall also be specified in detail in this Constitution. Activities not specified herein shall require amendment of this Constitution.

Article III. Transferable Entities

Entities that may be transferred by Las Portadas shall include surface and subterranian land, physical properties, organisms, energy, electromagnetic frequencies, air, water, buildings, businesses, and marketable rights, within territories or regions that have no legal claim, or that have been claimed by local, state, federal, or international political governments, or government bodies, through edicts, norms, or entities that are incompatible with the legal environment of the Constitution of the Autonomous Freezone of Aquia.

Transfer shall be conducted through the Council of Government Interface as specified in Part F, or under its auspices by a party or parties to be specified herein, following the procedures and terms specified in this Constitution, or by privatization mechanisms specified in Part C Article IV. Offerings shall be publicized and accessible to all Members and Associates of Las Portadas.

Article IV. The Board of Insurance

The "Board of Insurance" shall consist of "Underwriters," as specified in Part C., Article X. Votes shall be counted pro rata according to the fraction of the total value of uninsured coverage that is underwritten by said members within any of the territories that are in explicit compliance with the Constitution of the Autonomous Freezone of Aquia. Proof of coverage and of ability to pay for losses and damages in terms of reserves and liquidity shall be readily available to all members of the Board of Insurance, the House of Legal Review, the Council of Government Interface, and the Director.

The Board of Insurance shall provide security and insurance services for all Las Portadas territories, and shall be authorized to revise methods used by Las Portadas for Restitution Transfer and Recoupment (RTR). All activities of the Board of Insurance shall be specified in this Constitution. Any new activity shall require amendment. All activities and RTR revisions are subject to veto by the House of Legal Review and the Council of Government Interface as prescribed in Part C Article I.

All amendments and revisions shall require an 80% pro rata majority.

Nothing in this Constitution shall be construed so as to prevent Members and Associates from receiving any of these services from other parties, in compliance with the Civil Order Pact and the Constitution of the Autonomous Freezone of Aquia, or to allow the Board of Insurance directly or indirectly to require them to obtain insurance coverage against their will, unless they voluntarily bind themselves by contract.

Article V. The House of Legal Review

The House of Legal Review shall consist of Arbitrators as specified in Part C. Article X.. The House of Legal Review shall be the court of final appeal regarding conflicts between jurisdictions - except where victim and aggressor freely agree to abide by an alternate settlement or Arbitrator, may decide cases concerning the interpretation and enforcement of the Civil Order Pact, the Constitution of the Autonomous Freezone of Aquia, and the Constitution of Las Portadas, and shall be authorized to revise the ClubStead Master Lease for communities underwritten by Las Portadas. All functions of the House of Legal Review shall be specified in this Constitution. Any change of function shall require amendment, and any amendment, revision, or change of method, is subject to veto by the Board of Insurance and the Council of Government Interface as prescribed in Part E. Article II..

All settlements shall be financial, or otherwise quantifiable in terms of value, must be quantified as actual recuperation costs, and shall be decided in accordance with Restitution Transfer and Recoupment procedure, as specified therein.

Arbitrators from any Quarter who are freely chosen by the disputing parties or otherwise selected as specified in this Article may decide matters concerning disputes between jurisdictions (in which case, Arbitrators for each jurisdiction shall resolve the dispute according to the format specified in this Article), and for legal and constitutional review (in which case an 80% vote of the House of Legal Review by the formula specified in Part E. Article I. is required to overturn the decision of a previous Arbitrator from any Quarter). Every decision by the House of Legal Review must be signed by the Director before taking effect, and must be freely available to all Members and Associates for review.

Any dispute involving Las Portadas or an Associate of Las Portadas, which has not been settled within one year, may be brought to Las Portadas for settlement by either disputant. If the selected Arbitrators do not unanimously dismiss the case, its decision shall be binding.

If the parties to any dispute decided by individual Arbitrators, or between individual Arbitrators, have not agreed upon a settlement specified by the deciding Arbitrator within seven days of submittal of the case to the Arbitrator, to the House of Legal Review, or to the Director, the parties shall submit the matter for resolution by Arbitrators selected as follows:

Each party shall select an Arbitrator from a list of Arbitrators who are members of the highest Quarter of the House of Legal Review provided by the other party within ten days after the list is provided. After the two Arbitrators are selected, the Arbitrators shall meet promptly to resolve the matter. If the Arbitrators are unable to resolve the matter within thirty calendar days after the selection of the second Arbitrator, then a third Arbitrator shall be appointed by the two Arbitrators, or if they cannot agree, the third Arbitrator shall be selected by the Arbitrators from the highest Quarter of the House of Legal Review. Promptly after the third Arbitrator has been selected, the three Arbitrators shall resolve the matter. A decision by a majority of the Arbitrators shall resolve the matter. A decision by a majority of the Arbitrators shall be binding on the parties. Each party will pay the respective fees of the Arbitrator appointed by that party and one-half of the cost of appointing and the fees of the third Arbitrator.

All amendments and revisions shall require an 80% pro rata majority.

Amendments to the ClubStead Master Lease or to the Restitution Transfer and Recoupment procedure may be overturned by 25% pro rata of the Board of Insurance or the Council of Government Interface.

Nothing in this Constitution shall grant the House of Legal Review, or any legal body authorized under this Constitution, any additional powers not specified herein.

Article VI. The Council of Government Interface

The Council of Government Interface shall consist of Referrers as specified in Part C Article X. The Council of Government Interface shall be responsible for the promotion and public relations of Las Portadas, and the privatization of non-private properties, services, and marketable rights. It shall be authorized to revise the Declaration of Autonomy. Its functions and structure shall be specified in Part F of this Constitution. Any action or decision by the Council of Government Interface is subject to veto by either the House of Legal Review or the Board of Insurance as prescribed in Part F Article I.

Except where otherwise specified in this constitution, ninety percent of privatization funds received by Las Portadas, shall be distributed to the persons, businesses, and organizations that promoted Las Portadas who are specified as "Referrers" in Part C Article X. Of the ninety percent, each shall earn the same percentage as that which was generated toward the purchase or lease of the territory by the efforts or persuasion of such person, business, or organization. Ten percent of the funds received shall be directly administered by the Director as specified in Part C Article X. If acquisition of the territory is made in installments, the distribution formula shall be recalculated for each payment period, with distributions proportionate to total payments made to the host for that property, by that party.

All amendments and revisions shall require an 80% pro rata majority.

All referrers shall be bound by the Civil Order Pact.

Article VII. Voting Practice

All members of the Board of Insurance, the House of Legal Review, the Council of Government Interface, and the Director shall be notified of voting activity to which he is party, and given sufficient time to participate in each vote - in person or electronically. Every amendment shall be published in its entirety to a list of all said Associates at least one week before it receives the Director's signature, at which time the voting shall be closed. Such list shall be updated at least once per year.

Voting practice shall follow the procedures specified in Article I of Parts C, D, E, and F, respectively.

Where a person, business, or organization is a Referrer or Contributor as per Part B Article VI in multiple territories simultaneously, his voice and distribution shall be increased proportionately.

Constitutionally prescribed functions of the Board of Insurance, the House of Legal Review, and the Council of Government Interface may not be delegated from one branch to another, nor to the Director.

Article VIII. Limits of Acquisition and Territory

The number and size of Las Portadas acquisitions by any individual or organizational member of Las Portadas is unlimited, and the number of territories and host countries under the Constitution of the Autonomous Freezone of Aquia that is acquired in accordance with the procedures and principles identified in Parts B and C of this Constitution may be expanded infinitely.

Article IX. Violation of the Civil Order Pact

All Associates of Las Portadas insofar as they participate in Las Portadas - Counselors, Arbitrators, Underwriters, and all other persons, organizations, and businesses, resident and nonresident - must continuously abide by the Civil Order Pact (COP) of Article III of the Constitution of the Autonomous Freezone of Aquia. Upon determination of a violation of said pact by Arbitrators from the House of Legal Review, according to the arbitration format specified in Article V.:

a) If the violating person, business, or organization is a seller or recipient of funds, same shall immediately cease to receive same's portion of funds, and the Las Portadas distribution formula shall be recalculated. If the victim of such violation agrees to terms of settlement with the violator, such violator may be reinstated and the distribution formula recalculated from the end of the probationary period specified in Part E, Article V after the time of settlement. Any funds that had been received between the dates of violation and the end of the probationary period shall be deducted.

b) If the violating person, business, or organization is a buyer or recipient of property, same shall immediately be excluded from every sale or Las Portadas sponsored transfer in which same is concurrently involved. If the victim of such violation agrees to terms of settlement with the violator, such violator may be reinstated and permitted to resume purchases and acquisitions from Las Portadas after the end of the probationary period specified in Part E, Article V.

c) All violators shall immediately lose their voting and veto rights until the probationary period specified in Part E, Article V expires for the most recent violation, and a Certificate of Settlement has been issued by the Director (or by a party agreeable to all victims and all aggressors involved in the settlement) and in keeping with the principles of Restitution Transfer and Recoupment.

Article X. Transitional Guidelines

In an orderly transition sanctioned for Las Portadas, the following guidelines shall be observed:

  • No regional authority or proprietor or any constituent Las Portadas organ may impose any tax (personal, corporate, capital gains, sales, withholding, employment, gift, inheritance, probate fees, company registration, customs), or any other compulsory transfer of funds, except for specific services rendered on a voluntary basis, or upon receipt of a written waiver signed by every person who would make such payment.
  • No authority or proprietor may restrict any peaceful and nonintrusive activity by its tenants.
  • No restrictions or requirements for banking, insurance, stock trading, incorporation, currency trading, or any other financial activity or for the organization of any financial institution in compliance with the Constitution of the Autonomous Freezone of Aquia shall be authorized by Las Portadas or its subsidiaries, except that a strict code of confidentiality with the client shall be required of the employees of same, unless it can be documented that a client has consciously and willfully waived such rights.
  • Listing and product standards shall be optional but encouraged for corporations, banks, insurance companies, and other businesses associated with Las Portadas or located in a Las Portadas territory.
  • Temporary and permanent passes may be issued by the host residential community or business, not by Las Portadas or any official Las Portadas organ. The issuer shares (with the recipient of the pass) responsibility for any loss from or damage to adjacent properties, businesses, or individuals.
  • Las Portadas may not grant exclusive rights to any securer, insurer, or other service provider or providers, but may publish rating guidelines according to reputable or reliable actuarial tables.
  • Insurance companies, at their own discretion, may require listed securers, health maintenance organizations, or other service providers complying with the Constitution of the Autonomous Freezone of Aquia, for their clients. They may also base their rates on a client's medical condition, lifestyle, diet, location, genetics, or any other factors deemed quantitative.
  • Insurance companies may track physical activity within Las Portadas territories under transition, but all information regarding findings shall be kept confidential. No individual or organization may investigate private activity which does not endanger, or violate the property or privacy of others, without the express permission of said client.
  • An insurance company may review, revoke or postpone a pass which demonstrably endangers members or visitors within a Las Portadas community under its protection, but may not subject anyone to unreasonable detainment, search or seizure, or any unnecessary inconvenience. Every individual responsible for such aggression is liable for damages resulting from same, regardless of sanction.
  • No judicial ruling or activity by the House of Legal Review as specified in Part E shall be based on criminal law or laws dealing with crime against society, against the state, or against nature, but must have a specific and demonstrable loss or damage to person or property, must have a specific and demonstrable victim or victims, and must have a specific and demonstrable aggressor or aggressors.

Part C. Expanded Framework

Article I. Amendment Procedure

The remainder of this Constitution, beginning with Article II, may be altered or amended by an eighty percent total majority vote of combined Houses according to the following formula:

The total fraction from a Board of Insurance vote in favor of the amendment, according to the fraction of funds that each concurrently underwrites for all underwritten territories and aquatories combined as per Part D Article I, shall be converted to decimal form with 1 being unanimous agreement and 0 being no votes in favor.

The total fraction from a House of Legal Review vote in favor of the amendment, according to the formula specified in Part E Article I, shall be converted to decimal form with 1 being unanimous agreement and 0 being no votes in favor.

The total fraction from a Council of Government Interface vote in favor of the amendment, according to the fraction of funds that each generated as specified in Part F Article I, shall be converted to decimal form with 1 being unanimous agreement and 0 being no votes in favor.

If the sum of the three decimal fractions is equal to or greater than 2.4, the amendment shall be sent to the Director. Upon his signature or thumbprint, the amendment shall take effect. If he refrains, it will not take effect.

Article II. Acquisition Procedures and Types

Acquisition Types

1) A purchase of title from a state, federal, or international political government or its citizens,
2) A long-term or perpetual lease from a state, federal, or international political government,
3) A Citizen Stock Ownership Plan (CitSOP) in which the residents of a community are issued shares and title to government assets,
4) Another arrangement in which both the territory and the proprietor are guaranteed to be in full compliance with the Civil Order Pact and fully compatible with Las Portadas,
5) Acquisition of another transferable entity enumerated in Part B Article III, or
6) Homesteading of an unowned transferable entity enumerated in Part B Article III.

Acquisition Procedures

Acquisitions of entities for transition by Las Portadas shall be accomplished in the following manner:

  • The Council for Government Interface (CGI) shall arrange the wholesale acquisition and retail sale of title to the entity.
  • Citizens of a government that holds title shall be equally compensated per capita at initial sale for title to the entity.
  • Existing employees and managers of state-owned firms shall be given the right of first refusal for purchase of same.
  • Members and Associates shall then acquire the entity from Las Portadas via online auction or other method within one year.
  • Associate financiers shall be compensated 90% of resale profits at time of resale.
  • Privatization architects (CGI "Referrers") shall be compensated 10% of resale profits in accordance with Part B Article VI.
  • Where there is no existing owner, CGI shall arrange the homesteading of the transferred entity to Associates via a zero-minimum, openly published online auction.
  • Las Portadas may receive commitments for multiple territories and entities simultaneously and may negotiate with several proprietors simultaneously.
  • The number of regions underwritten by Las Portadas is unlimited, but all type 1 purchases and type 2 leases must be made in the manner prescribed above, and no lease from any government or institution, whose legal structure does not comply with the Civil Order Pact at the time of transfer, or is incompatible with that of Las Portadas, shall extend for a period of fewer than 500 years, or at any time be composed of a land, air, water, or subterranean area that exceeds 50% of the total land, air, water, or subterranean area of all Las Portadas territories combined, or 50% of the composite value of any or all territories.
  • Leases from parties underwritten by Las Portadas that are compatible with the Constitution of the Autonomous Freezone of Aquia must extend for a minimum of 99 years, and be guaranteed by the leasing consortium to remain within said requirements for the duration of the lease.
  • In CitSOP arrangements, stockholders shall have voice and title proportionate to the quantity of stock held.

Article III. Post-acquisition Procedure

Upon confirmation of transfer through Type 1 or Type 2 acquisition by a state, federal, or international political government, each Contributor shall be issued one non-voting land share for the equivalent of each gram of gold contributed in payment. All dry land which was formerly state-owned or unowned shall be owned solely by shareholders at the time of transfer. Thenceforth, such shares may be sold or traded to Members or Associates of Las Portadas.

In all Level 1 transfers, the host government may retain no more than title to the leased territory. Full and complete autonomy and full property rights shall be granted to the Las Portadas community in all matters whatsoever for the duration of the lease period.

Upon initiation of a lease by a consortium allied with Las Portadas under a "Type 4" acquisition specified in Article II, leases for an area of dry land that is a minimum of 100 square miles measured horizontally (or the entire land area of that territory - whichever is less), and is owned or administered by the consortium, shall be auctioned. The lease auction shall terminate six months after its initiation. The unit of measure shall be gold grams, and all Associates and Residents of Las Portadas may participate. The Director may reject any bidder or bid that may threaten the integrity of the Las Portadas community. Las Portadas shall receive no less than 10% of the proceeds from such auction, 50% of which shall be distributed to the individuals that arrange and/or lay the groundwork for the lease.

Article IV. Acquired Properties

Privatization of properties and rights which were not privately owned, and of services which were not privately provided, at the time of transfer to Las Portadas, shall be accomplished by direct sale or auction, or by a management contract with Las Portadas authorizing gradual transfer of management functions and title under exclusive franchise or competitive contract bidding. The Council of Government Interface shall orchestrate such transfers. All management functions shall expire for each territory on the 10th anniversary of the Level I transfer of that territory.

While under the direct or indirect management or ownership of Las Portadas, in order to prevent

A) The formation of natural monopolies in common infrastructural properties or service provision (sewer, water, electrical, transportation routes, security maintenance, etc), or
B) An exclusive franchise from developing into a long term monopoly,

consumers shall be deemed proprietors proportionate to use - except where the provider can satisfactorily demonstrate that consumers have consciously and willfully waved ownership to, and/or management of, such functions. Transfer of properties of negative value including solid, liquid, gas, or radiant ingress or egress, shall require title which is documentably acceptable to all parties concerned.

Article V. Resolution of Disputes

For matters described in Parts A and B of this Constitution, a violation of the Civil Order Pact by buyer or seller, or any auction-related dispute may, after having been claimed by its victim or any observer, be brought before an arbitrator that is acceptable to both parties, in a manner consistent with the Constitution of the Autonomous Freezone of Aquia.

If the decision is nonbinding or may be appealed, or if the parties can not agree on an arbitrator, one or both of the disputing parties may appeal to the House of Legal Review in accord with the arbitration format specified in Part B, Article V.. A positive determination of an aggression shall be followed by restitution to the victim, or a settlement agreeable to both parties.

Article VI. Other Voting Procedures

A Referrer or Contributor as defined in Part C Article X may temporarily or permanently retire from his voting post, or appoint a temporary or permanent proctor or replacement in his stead, but the term is limited to one hundred years from the birth date of the original member, or by the expiration of Las Portadas for the territory or territories to which he contributed or generated purchase or lease funds, whichever comes first.

Businesses and organizations that had contributed as per Part C Article II as a unit may vote as a unit in a manner prescribed by their respective rules of order, provided that such rules do not conflict with this Constitution.

Article VII. Executive Decisions

The Director, as defined in Part C Article X, may request authorization from the Board of Insurance, the House of Legal Review, or the Council of Government Interface to make decisions sanctioned by this Constitution on behalf of Las Portadas, which Las Portadas, for reasons of inadequate time or unachievable consensus, is unwilling or unable to make. Any such authorization may be granted by a 60% majority pro rata;

  1. Of all concurrent members of the Board of Insurance, which are specified in Part C Article X, according to the fraction of the total value of coverage that is underwritten by said members within any of the territories or aquatories in question that are in explicit compliance with the Constitution of the Autonomous Freezone of Aquia, and
  2. Of all concurrent members of the House of Legal Review according to the formula specified in Part E Article I, and
  3. Of all concurrent members of the Council of Government Interface according to the formula specified in Part F Article I.

Any subsequent decision may be overruled or authorization revoked by 40% pro rata;

  1. Of all concurrent members of the Board of Insurance, which are specified in Part C Article X, according to the fraction of the total value of coverage that is underwritten by said members within any of the territories or aquatories in question that are in explicit compliance with the Constitution of the Autonomous Freezone of Aquia, or
  2. Of all concurrent members of the House of Legal Review according to the formula specified in Part E Article I, or
  3. Of all concurrent members of the Council of Government Interface according to the formula specified in Part F Article I.

Any such authorization must be sunset or renewed annually or sooner, must specify in detail the powers granted, and must be in agreement with this Constitution.

The Director may prevent any development or activity sanctioned by Las Portadas that endangers a significant biological ecosystem, that negatively impacts property adjacent to a territory, or that would demonstrably endanger any of the communities underwritten by Las Portadas. Any such decision may be overruled by a simple majority pro rata of the House of Legal Review, according to the formula specified in Part E Article I, with a statement specifying in detail the reasons for such rejection.

The Director may not communicate or conduct negotiations with any political or religious official or organ that is not an Associate of Las Portadas, during his directorship.

Article VIII. Purchases from Las Portadas

Every Member and Associate of Las Portadas, both resident and nonresident, shall be a candidate for the purchase of properties and property rights from Las Portadas. Same shall have access to pertinent details and existing documents concerning the property.

The winning buyer shall receive title and access to the property or rights to the property as clearly specified in the recorded contract upon confirmation of the winning bid and in the same condition described therein or witnessed by same.

Article IX. House of Legal Review Trial Restrictions

For all trials other than those for which the House of Legal Review is is specified as the court of final appeal in Part B Article V, the House of Legal Review shall not be the final appellate in any matter in which at least one of the disputing parties does not freely agree or is not specifically bound by contract or this Constitution to abide by its decision. A written waver must be signed by each party authorizing Las Portadas to decide the case.

If a case can not be settled within 30 days, either disputant may initiate the selection of an alternate Arbitrator or trial format.

A jury of seven randomly selected voluntary Associates shall be provided if either disputant in a trial under Las Portadas authority requests one. Jurors may not be asked about their knowledge, experience, or opinions about the law in voir dire. They must be unanimous to convict but not to acquit, and failure to convict shall be deemed acquittal. Juries must be fully informed of their right to judge the law as well as the facts and remedies of the case.

All trials shall be public to Members, and all procedings shall be permanently recorded digitally, and, where held in a physical location, video. All evidence that can be converted to digital format shall be permanently retained, unless both parties object.

No legislative act or provision thereof shall have the force of law, nor shall Las Portadas engage in, tax, subsidize, restrict, or advance any activity or social, business, professional, commercial, financial or industrial enterprise, unless the constitutional authority for it is explicitly cited, verifiable by proving an unbroken chain of logical derivation. No public official shall be granted special treatment, or immunity from the same regulations and remedies as those to which any other citizen is subject.

No body representative of Las Portadas may override the actions of any community unless expressly and specifically authorized in this Constitution. Since the Constitution is a compact wherein each community is Principal and Las Portadas is Agent, each community shall retain the power to nullify Las Portadas actions that are not expressly authorized by this Constitution. In addition, any Associate may initiate impeachment proceedings against Las Portadas, or any of its officers, or determine if a program or body initiated by same is not within its scope of authority.

All rights derived from this Constitution are immunities against actions or restrictions by public officials, not entitlements to receive a service or benefit. On all Constitutional issues, precedents may only be regarded as persuasive and never binding, and binding stare decisis shall not be used as a rule of construction.

Article X. Las Portadas Definitions

Within this Constitution, the following definitions shall apply:

  • An "Underwriter" is a person, business, or organization that has pledged and demonstrated sufficient capacity to reemburse a resident or associate for specified losses and damages to person or property, and that provides safeguards against such losses and damages. Such resources may not have been directly or fungibly derived in full or part through taxation or any other involuntary means, nor in any way obtained or distributed in violation of the Civil Order Pact.
  • An "Arbitrator" is a person that;
A. Has been certified as knowledgeable in the principles of civilization by having documentably passed the Matriculation Exam, as specified in Part E.
B. Is specified as "COP Referrer" on physical or electronic Civil Order Pact signatory registries, as specified in Part E. Article III., that are signed and dated by at least one person as specified in Part E. Article III.,
C. Generates a Declaration of Autonomy signature for a Type 1 acquisition, as defined in Article II., or
D. Has documentably generated signatures of the Civil Order Pact, as specified in Part A.
All Arbitrators must have passed the Matriculation Exam specified in Part E. before participating in the House of Legal Review.
No signatory may have more than one Arbitrator.
Signatories for all of the above documents must continually adhere to them. Breech of said agreements renders the signature invalid.
  • A "Referrer" is an Associate that generated at least one gram of gold or its equivalent for the purchase or lease of all or part of a territory or territories underwritten by Las Portadas, a Transferable Entity authorized by Article III of Part B, or for the purchase of CitSOP stocks on the day that they became available on capital markets, and was specified by the Contributor as "Referrer".
  • A "Contributor" is an Associate that contributed at least one gram of gold or its equivalent for a Level 1 acquisition to the Level 1 proprietor of a territory underwritten by Las Portadas for the purchase or lease of a property for the establishment of a community in compliance with the Constitution of the Autonomous Freezone of Aquia, or for the purchase of CitSOP stocks on the day that they became available on capital markets. Each Contributer must specify at least one Referrer.
  • The "Director" is originally John Frederic Kosanke, the Architect of Las Portadas, who holds office until such time as another individual is affirmed by Las Portadas in the format specified in Part B. Article I. minus the Director. Future successors shall be selected in like manner. No Director shall hold office for more than twenty years. Whenever there is a vacancy, all Director decisions shall be treated as a veto. This office shall be perpetual, but is limited to the above stated functions. The Director shall not be a factor in the distribution calculations prescribed in Part B Article VI for Referrers, or for the voting calculations for Contributors, Referrers, or Arbitrators. Authorizations may not exceed those specified in this Constitution.
  • A "Member" is a person, organization, or business that is physically present in any territory of Las Portadas for a time specified in Part D, Article III of this Constitution, or that owns fixed property with a value specified in Part D Article IV of this Constitution, within an area that has been liberated under the terms of the Constitution of the Autonomous Freezone of Aquia, and continues to abide by the terms of said Constitution.
  • A CitSOP (Citizen Stock Ownership Plan) is an ownership/ management arrangement based on ESOPs (Employee Stock Ownership Plans) in which the citizens become direct owners of government assets through the issuance of freely tradeable shares, and have voting voice equivalant to the quantity of shares held. All immunities and powers of taxation are eliminated, and "government" functions become self-supporting.
  • "Level 1" concerns a leasing proprietor in the original lease agreement by whom ultimate title to a territory is held, or the original lease or purchase agreement by which a Las Portadas sponsored territory is established.
  • "Proprietor" can be defined as titleholder, as well as a lessee, sublessee, subsublessee, &c, to whom temporary or secondary property rights have been granted, as prescribed by Articles II through IV.
  • "Land" includes mobile, immobile, organic, and inorganic substances that are physically present on the dry surface areas of the Territory acquired for a Las Portadas community.
  • "Air" includes all that is contained in the space within the area acquired for a Las Portadas community, that is above the surface area.
  • "Water" includes all that is contained in the space within the area acquired for a Las Portadas community, that is within oceans, lakes, rivers, and the like.
  • "Subterrain" includes all that is contained in the space within the area acquired for a Las Portadas community, that is below the surface area and the waters.
  • "Marketable Rights" include electromagnetic frequency broadcasting rights, fishing rights, and the like, but may not include the right to pollute, disturb, or in any way intrude against another person, business, or organization, or his/its property.

Part D. The Board of Insurance

Article I. Membership and Voting Procedure

Board of Insurance decisions shall require a 65% majority and amendment of Part D, beginning with Article II, and the signature of the Director. Any decision by the Board of Insurance may be overturned by a 45% vote of the House of Legal Review, according to the formula specified in Part E Article I; of Contributors per capita or pro rata according to the fraction of funds that each contributed toward a Level 1 acquisition of all or part of a Las Portadas territory (or toward the purchase of CitSOP stocks on the day that they became available on capital markets); or of the Council of Government Interface, according to the fraction of funds that each generated toward a Level 1 acquisition.

Board of Insurance decisions shall only include the organization of Las Portadas residential and commercial freezones insofar as it pertains to the development of insurance and subrogation mechanisms, and the security of properties and marketable rights as prescribed above. No decision may conflict with Las Portadas or the Constitution of the Autonomous Freezone of Aquia.

Article II. The Contract Underwriters Association

Initial shares in the Contract Underwriters Association of Las Portadas (CUALP) shall be issued to Level 1 contributors pro rata according to the amount contributed for a Level 1 acquisition of all or part of a territory that is in compliance with the Constitution of the Autonomous Freezone of Aquia. Each Contributor shall be issued ten shares for the equivalent of each gram of gold contributed in payment for the purchase or lease of said territory. Such shares shall be held in escrow for each CUALP Member until 6 months after his retirement, or until the liquidation of any Las Portadas debt to which he is party or author - if longer.

The first Director shall receive 1 share for every 10 shares issued at the time of each Las Portadas-sponsored acquisition, to be held in escrow until one year after his retirement, or until the liquidation of any Las Portadas debt to which he is party or author - if longer. Each successive Director shall be issued a number of shares upon appointment with a value equal to 1% of all concurrent stocks, to be held in escrow until one year after retirement, or until the liquidation of any Las Portadas debt to which he is party or author - if longer.

CUALP may sell or issue tradeable shares and insurance policies for the development of security and insurance mechanisms, but each CUALP Member must maintain a minimum of 1% of the total value of shares for each type of share offered, or the Board of Insurance must maintain a minimum of 10% of the total value of shares for each type of share offered, - whichever comprises a lesser total value. CUALP Members may purchase shares at full market value. CUALP Members' earnings are limited to stock appreciation.

The last remnant of CUALP jurisdiction over each territory shall expire on the 10th anniversary of the acquisition of that territory.

Article III. Las Portadas Membership - Residency

The length of residency required to qualify an individual as a "Member" for Part C Article X is set at one year excluding vacancies totaling not more than 3000 hours. Residency must be continuous excluding aforementioned vacancies, computed annually.

Article IV. Nonresident Membership - Property Value

The fair market value of property required to qualify a person, organization, or business as a "Nonresident Member" in Part C Article X is set at one kilogram of gold.

Article V. Residency - Minimum Length of Stay

The length of time required to qualify an individual as a "Resident" for Part C Article X is set at one month excluding vacancies totaling not more than 200 hours.

Part E. The House of Legal Review

Article I. House Composition and Voting Procedure

The House of Legal Review shall consist of Arbitrators, as specified in Part C Article X.

All Arbitrators deciding legal matters herein authorized who are members of the House of Legal Review shall have been certified by examination and certification regarding knowledge of the said principles. Such knowledge shall be documented upon passage of the official "Civilization 101" exam.

Each Arbitrator shall have passed the Matriculation Exam specified above, and shall occupy one seat.

The House of Legal Review shall be divided into four Quarters with an equal number of seats.

He may be granted an additional seat for every Civil Order Pact signature he generates by a publicly elected official with a constituency in excess of 1,000, and for each block of 1,000 Civil Order Pact common signatures he generates.

Arbitrators may be granted an additional two seats for each active Declaration of Autonomy generated by same for a sovereign territory which was not affiliated with Aquia before such declaration.

Seats obtained by Declaration of Autonomy or Civil Order Pact signatures shall expire upon expiration of term of said official or declaration, or violation of said document by signatory as determined by arbitration in the format specified in Part B, Article V..

The date of certification, signature, or the final signature for each block shall determine the Quarter into which the resulting seat is placed: The most recent shall earn a seat in Quarter 1, the second most recent shall earn a seat in Quarter 2, the third most recent shall earn a seat in Quarter 3, and the earliest shall earn a seat in Quarter 4. Arbitrators may simultaneously have multiple seats in different Quarters.

The vote value for each Quarter shall be determined according to the following formula:

  • The total vote tallied from Quarter 1 shall be multiplied by .1,
  • The total vote tallied from Quarter 2 shall be multiplied by .2,
  • The total vote tallied from Quarter 3 shall be multiplied by .3,
  • The total vote tallied from Quarter 4 shall be multiplied by .4,
  • The sum of the resulting fractions shall be considered the final vote count.

Opportunities for admittance to the House of Legal Review shall be offered perpetually on a monthly basis.

Seats shall be shifted to corresponding Quarters according to the concurrent number of Associates as determined by the most recent date of admittance, readmittance, or violation for each.

Seats shall be established and removed in multiples of 4.

No person shall be denied a seat in the House of Legal Review who has met the initial signature requirements and has made his request known orally or in writing to the Director.

Changes of function for the House of Legal Review shall require a 65% majority vote and amendment of Part E beginning with Article III, and the signature of the Director.

Any amendment by the House of Legal Review may be overturned by a 45% pro rata vote of the Board of Insurance, according to the fraction of the total value of coverage that is underwritten by said members within any of the territories that are in explicit compliance with the Constitution of the Autonomous Freezone of Aquia; of Contributors per capita or pro rata according to the fraction of funds that each contributed toward a Level 1 acquisition of all or part of a Las Portadas territory (or toward the purchase of CitSOP stocks on the day that they became available on capital markets); or of the Council of Government Interface, according to the fraction of funds that each generated toward a Level 1 acquisition of all or part of a Las Portadas territory.

Decisions by the House of Legal Review shall only include matters regarding the Registries of Article III, procedures for remedying violation of this Constitution or breach of the Civil Order Pact by Associates and Las Portadas purchasers and venders as specified in Part B, Article X, amendment of the Declaration of Autonomy, and the assurance of a transition to a competitive and polycentric legal environment and to legal autonomy for residential and commercial freezones. No decision may conflict with Las Portadas or the Constitution of the Autonomous Freezone of Aquia.

Article II. Membership and Jurisdiction

Each Arbitrator, as specified in Part C Article X, may arbitrate disputes regarding compliance with the Civil Order Pact within his constituency of signatories by region or business type, where disputing parties agree to be bound by his decision. Where an unresolved dispute concerns two or more jurisdictions, all Arbitrators concerned shall be required to reach a settlement. Customary law shall take precedence where it is not in conflict with the Civil Order Pact or the Constitution of the Autonomous Freezone of Aquia. If Arbitrators can not come to an agreement within thirty days, Arbitrators shall be newly selected in accord with Part B Article V. Verdicts shall be enforced or authorized by the compensated party.

Article III. The Signature Registry

The Signature Registry shall have two formats: the Physical Registry and the Electronic Registry.

  • The Physical Registry shall include all of the original physical signatures and/or thumbprints dated and inscribed on three-hole paper copies of the Civil Order Pact or Declaration of Autonomy, and bound in three-ring binders and/or double-locked fire-proof file cabinets. Physical signatures shall be organized alphanumerically by region (Country, State, ZIP+4, and place of signature) and sub-organized by name (paternal, maternal, first, and middle) where possible.
    At least one microfiche shall be made of all physically signed and dated copies before the ten year anniversary of the first Las Portadas autonomous freezone, and shall be updated at least once every ten years thereafter.
  • The Electronic Registry shall be a database of all signing individuals, organizations, and businesses (including both physical and electronic signatures), and (except for anonymous signatures) shall be freely available to, and copiable by, all Associates in good standing, and published in readable format on the internet. The data shall be cross-referenced by last name, date of signature, place of signature, date of birth, business name, business type, region, COP Referrer, and any other useful field. Electronic signatures shall be nonforgeably time-stamped, and their root values made available and archived.

Article IV. Dispute Resolution Format

No dispute shall be resolved, nor any compensation awarded, by any Member or Associate of Las Portadas in violation of the Civil Order Pact without loss of said membership or association by the same party.

Article V. Length of Moratorium

The length of moratorium for violation of the Civil Order Pact before admitting or readmitting a person, business, or organization as an Associate of Las Portadas for Part C Article X is set at five years from the day of violation. A Certificate of Settlement, as described in Part B Article IX shall be required for any violation.

Part F. The Council of Government Interface

Article I. Councilorship and Voting Procedure

The Council of Government Interface shall consists of Referrers, as specified in Part C Article X. Its vote shall be divided according to the fraction of funds that each generated for the acquisition of entities specified therein.

Decisions regarding the functions and activities of the Council of Government Interface shall require a 65% majority vote and amendment of Part F beginning with Article II, and the signature of the Director. Any decision by the Council of Government Interface may be overturned by a 45% pro rata vote of the Board of Insurance, according to the fraction of the total value of coverage that is underwritten by said members within any of the territories that are in explicit compliance with the Constitution of the Autonomous Freezone of Aquia; of Contributors per capita or pro rata according to the fraction of funds that each contributed toward a Level 1 acquisition of all or part of a Las Portadas territory (or toward the purchase of CitSOP stocks on the day that they became available on capital markets); or of the House of Legal Review according to the formula specified in Part E Article I.

Article II. Functional Limits

Functions of the Council of Government Interface shall only include matters regarding the promotion of Las Portadas, auctions of transferable entities, privatization of unowned or formerly state-owned properties and rights, and the distribution of privatization funds. No action may conflict with Las Portadas or the Autonomous Freezone Constitution.

Article III. Transfer of Entities

The Council of Government Interface shall orchestrate the transfer of entities of Part B., Article III. per Part C., Article X. through auctions or other methods approved by Las Portadas.

See also

Guiding principles

Retrieved from "https://wiki.seasteading.org/index.php?title=Las_Portadas&oldid=6970"