1. Understanding the hierarchy
Before drafting anything, it is essential to understand what each instrument is for.
In the Hokorian system, authority flows as follows:
- Constitution
- Constitutional Orders of the Koru
- Constitutional Charters established by Order
- Statutes of the Council of Officers
- Regulations made under Statutes
Each layer must only do the work appropriate to it.
If you try to solve a statutory problem in a Charter, or a structural problem in a Statute, the system becomes unstable.
2. Constitutional Orders
2.1 What a Constitutional Order is
A Constitutional Order is an exercise of sovereign authority by the Koru.
It is used to:
- establish or repeal Constitutional Charters
- activate or suspend parts of the constitutional framework
- recognise Statutes
- manage transitions
- ensure continuity where the Constitution is silent or minimal
A Constitutional Order is not ordinary law and should not try to behave like it.
2.2 When to use a Constitutional Order
Use a Constitutional Order when you need to:
- create or abolish a Charter
- override ordinary law
- deal with constitutional transition
- act where delay would cause paralysis
- confirm what has legal effect during change
If something must be reversible, flexible or immediately effective, it probably belongs in an Order.
2.3 Structure of a Constitutional Order
A Constitutional Order should usually contain:
- Title
- Enacting formula
- Short title section
- Purpose section
- Operative provisions
- Continuity or transitional provisions
- Commencement
Orders should be short and mechanical.
They should state what is established, recognised, suspended or terminated, not how institutions work day to day.
2.4 Drafting principles for Orders
- Be explicit
- Avoid implication
- Avoid policy language
- Avoid rights language
- Assume the Order may need to operate alone
- Always include a clear commencement clause
- Always state what happens to existing law or actions
An Order should feel like a switch being flipped.
3. Constitutional Charters
3.1 What a Constitutional Charter is
A Constitutional Charter is a foundational framework document.
It defines:
- the existence of institutions
- their broad authority
- their limits
- their relationship to sovereignty
A Charter has constitutional force, but it is not a constitution.
3.2 What belongs in a Charter
Charters should cover:
- structure
- authority
- scope
- limits
- continuity
- interpretation
Examples include:
- who legislates
- who governs
- how succession works
- how rights are recognised
- how courts exist at a high level
Charters should not include:
- procedures
- detailed processes
- time limits
- administrative detail
- offences
- enforcement mechanisms
If it needs frequent amendment, it does not belong in a Charter.
3.3 Structure of a Charter
A well drafted Charter usually contains:
- Enacting formula
- Purpose and status
- General principles
- Institutional structure
- Powers and limits
- Relationship to other instruments
- Interpretation and final provisions
Charters should remain stable even if participation changes.
3.4 Drafting principles for Charters
- Write narrowly
- Assume low participation
- Avoid aspirational language
- Preserve sovereignty explicitly
- Build in continuity and reversibility
- Do not require institutions to exist permanently
A good Charter defines what must exist and what may exist.
4. Statutes of the Council of Officers
4.1 What a Statute is
A Statute is ordinary law.
It is where policy lives. It is where rights are applied. It is where duties, offences and procedures exist.
Statutes must always sit below Charters and Orders.
4.2 What belongs in a Statute
Statutes should cover:
- administration
- regulation
- services
- rights in practice
- enforcement
- offences
- procedures
- oversight mechanisms
If something affects citizens directly in day to day life, it probably belongs in a Statute.
4.3 Structure of a Statute
A Statute should normally contain:
- Title
- Enacting formula
- Preliminary provisions and definitions
- Substantive provisions
- Enforcement or oversight
- Regulations clause
- Relationship to other law
Statutes should be clear enough to operate without interpretation battles.
4.4 Drafting principles for Statutes
- Be precise
- Avoid constitutional language
- Assume minimal staffing
- Avoid unnecessary procedural steps
- Make discretion explicit
- State limits clearly
A Statute should not rely on goodwill or ideal behaviour.
5. Relationship between the three instruments
A useful test when drafting is to ask:
- Is this about sovereignty or transition
- Is this about structure or authority
- Is this about how things actually work
Use a Constitutional Order for sovereignty or transition. Use a Charter for structure or authority. Use a Statute for how things actually work.
If content feels out of place, it probably is.
6. Common drafting mistakes to avoid
- Treating Charters as detailed rulebooks
- Treating Statutes as symbolic declarations
- Letting rights appear without limits
- Creating institutions that cannot be staffed
- Relying on implied authority
- Forgetting continuity clauses
- Forgetting what happens if nobody shows up
Every instrument should still function if participation drops further.