My entry into the Constitution Fun Challenge. It has three separate branches and attempts to divide any power structure under a principle of elected, specialist and sortitionist.
This started out as a Westminster style system with some modifications that we have discussed in the past like a Rights Referee Governor-General. Then I added a People's Chamber in the house which was a quarter of the house; but I turned it into a sortitionist's body with only a couple of specialists left, with the Treasurer leading the house.
The Senate becomes a supra-national body, able to accept representation outside of Australia itself as needed. The Senate is also composed of elected specialists (ie politicians) and act as the main check on a separate executive.
The Executive contains the Governor-General and Cabinet. The Governor-Magistrate is like a vice-president, but is part of the Judicature. Kind of a mix between VP and Chief Magistrate. The GM is tasked with actively intervening in the executive's actions and setting forth commissions and inquiries. Probably needs some more refinement, but I like the active watchdog role on the executive. The Judicature also has a Citizens Council which is the sortitionist body for the Judicature.
The states get more of a role too, as a federalist system, they get the most involvement in the Judicature which watches the Executive (who corrodes state power the fastest).
Thanks to Avocadia for the use of his Bill of Rights which makes up section 2.8. This entry is incomplete and I will return to it next CFC.
1.Constitution
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A constitution
for the Republic of the Southern Seas.
-
This document
defines the Commonwealth Government.
-
The constitution
defines the responsibilities of the three equal, but separate,
branches of Australian republican government; Executive,
Legislative and Judicature.
2.Commons
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The republic
recognizes that the commons cannot be reduced or suspended; by
referendum, emergency, or a declaration of war by parliament.
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The republic
recognizes that a citizen is any individual under the jurisdiction
of the government of this constitution.
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The republic
recognizes that an individual's political rights are inviolable.
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The republic
recognizes that an elector is a citizen born in Australia, or an
individual within the jurisdiction of Australia who is above the
age of majority.
-
The republic
recognizes that no election is legitimate without a secret ballot;
where the ballot sheets are of uniform shape and colour;
and where the elector's ballot is cast anonymously.
-
The political
limits espoused in this constitution are not complete, and the
limits on legislative, executive and juridical authority are far
greater, however history has shown these political rights are the
ones most commonly transgressed by corrupt and tyrannous
government.
-
The Governor
Magistrate has the authority to instigate criminal proceedings
against the Governor-General, members of parliament or members of
the judicature, should the commons be abrogated by an act of the
Executive, bill of the Legislative, or legal decision of the
Judicature.
-
The Executive
shall execute no law; the Legislative shall make no law; and the
Judicature shall endorse no law as constitutional; that:
Freedom
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deprives an
individual of life
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limits or
deprives an individuals freedom to express their beliefs, opinions
or lifestyle.
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limits or
deprives an individual's freedom of movement
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limits or
deprives an individual's freedom of association
-
limits or
deprives an individuals freedom to peacefully assemble with other
individuals.
-
limits or
deprives an individuals right to peaceful protest.
Liberty
-
detains an
individual indefinitely without charge.
-
limits or
removes an individuals right to have counsel with them upon arrest
or questioning.
-
limits or
removes an individuals right to a writ of habeous corpus upon
detention.
-
back-dates
punitive measures for an offence.
-
permits an
individual to be detained for longer than six months without trial
or resolution
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enabling an
individual to be tried for an offence more than once.
-
limits or
removes an individual's right to refuse law enforcement access to
their property, or permission to search their person and property,
unless there is a warrant issued to search specific property for
evidence of a specific crime.
-
limits or
removes an individuals choice to divulge no information other than
their identity, verbally, when under suspicion from law
enforcement for a specific crime.
-
limits, reduces
or removes an individual's right to own property
-
deprives the
individual of property, or devalues an individual's property
without fair exchange or consent.
Equity
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discriminates
against an individual on the basis of race, age, gender, sexual
preference, wealth, health, religion, associations or prior
criminal record.
-
limits or
removes equal treatment under the law for an individual on the
basis of race, age, gender, sexual preference, wealth, health,
religion, associations or prior criminal record.
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limits or
removes access to government services for an individual on the
basis of race, age, gender, sexual preference, wealth, health,
religion, associations or prior criminal record.
Democracy
-
disenfranchises
an elector.
-
denies an
elector representation
-
denies an
elector the ability to run for election
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reduces or
removes an individual the ability to petition their
representatives for a redress of grievances.
-
abolishes the
secret ballot
-
increases the
period between elections beyond eight years.
-
criminalises,
or outlaws a political party.
-
removes access
to the Public Service for parties with elected parliamentary
members.
-
The Executive is
the sole body in the republic authorised
to execute laws.
-
The Executive
shall, as demanded in this constitution, faithfully implement and
execute the laws passed by the legislative.
-
The Executive
shall, as demanded in this constitution, submit to juridical
oversight of the execution of laws.
-
The Governor
General shall be elected by popular election.
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The
Governor-General cannot serve more than two terms of office or
eight years, depending on which comes first.
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The
Governor-General shall veto any law, bill or act which contradicts
the limits of Legislative authority in the commons.
-
The
Governor-General shall veto any law that does not meet the
holder's approval and return the law to the Legislative along with
written objections.
-
The
Governor-General is the head of the Executive Council.
-
The
Governor-General shall nominate the Ministers that comprise the
Executive Council.
-
The
Governor-General shall nominate a Minister, to replace any
Ministers removed by successful no-confidence motions in
parliament, who has resigned, or replaced by the
Governor-General's choice.
-
The
Governor-General shall nominate the Ministerial Departments
required to execute the laws passed by the legislative.
-
The
Governor-General shall present, to a dual sitting of parliament
with the Executive Council present, a report on the Executive
Ministries.
-
The Executive
Council shall consist of Ministers who head a Ministerial
Department as constructed by Legislative bill.
-
...
4.Legislative
-
The Legislative
is the sole body in the republic authorised
to make laws, acts and bills.
-
The Legislative
shall make no law that persists beyond twenty-five years.
-
The Legislative
shall be composed of two bodies; the Senate and House.
-
The Legislature
shall not present a bill to the Governor-General to be signed into
law unless both Senate and House have passed the exact same bill.
-
The Senate shall
be composed of multi-member districts consisting of constituent
states, territories and/or extra-national territories.
-
The Senate
electoral districts shall be apportioned members based on
population of the constituent districts.
-
A Senator cannot
serve more than twenty-five years in Parliament.
-
The Senate shall
conduct non-budgetary commissions and inquiries into the conduct
of the Governor-General, Executive Council and Public Servants in
the Executive Ministries.
-
The Senate shall
conduct commissions and inquiries into the conduct of the
Judicature.
-
The Senate
shall, upon majority vote, recommend further investigations into
the Executive to the Governor-Magistrate for conduct by the
Citizens Council.
-
The Senate shall
approve or reject any Judicial nominations.
-
The Senate shall
approve or reject any Executive Council nominations.
-
The Senate shall
not initiate any money bills.
-
The Senate shall
not initiate any no-confidence votes on the non-elected members of
the Executive Council.
-
The Senate shall
be able to pass by two-thirds majority, no-confidence motions on
non-elected members of the Executive Council.
-
The House shall
be composed of two internal bodies, of which one will be elected,
and the other chosen from the general population by sortition.
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A House member
cannot serve more than twenty five years in Parliament.
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The elected
members shall be known collectively as the House Elected Body and
individually as House Electors.
-
The sortitionist
members shall be known collectively as the House Citizens Body and
individually as House Citizens.
-
The House
elected body shall consist of a maximum of one House Elector for
each state, and territory.
-
The Treasurer
shall be chosen by majority in the House Elected Body as the head
of the House.
-
The Treasurer
shall chair, or delegate the position of chair, all inquiries and
commissions into the budgetary needs and financial conduct of the
Executive, Legislative and Judicature.
-
The Treasurer
shall present each year, to a dual sitting of parliament with the
Executive Council present, a report on the budget.
-
The House
Citizens Body shall not consist of less than one sortitionist for
each twenty thousand of population.
-
The House
Citizens Body shall vote on all bills.
-
The House
Citizens Body shall be chosen by lot each year.
-
A citizen who
has been chosen for consecutive House Citizen Bodies shall be
disqualified and another sortitionist, who is not a current, nor
immediately prior member of the House Citizens Body, shall take
their place.
-
A House Citizen
shall be able to vote in absence.
-
A House Elector
shall not vote in absence.
-
The House shall
be able to pass by two-thirds majority, no-confidence motions on
non-elected members of the Executive Council.
-
A House Citizen
may introduce legislation, in person or anonymously.
-
...
5.Judicature
-
The
Governor-Magistrate shall be appointed by the States.
-
The
Governor-Magistrate cannot serve in office more than two terms of
or eight years depending on which comes first.
-
The
Governor-Magistrate can divert bills or acts, prior to their
signing into law by the Governor-General, deemed to be of dubious
constitutionality to the High Court to determine their
constitutionality.
-
The
Governor-Magistrate can recommend commissions and inquiries into
the conduct of the Legislature for the Citizen's Council to
conduct.
-
The
Governor-Magistrate shall forward all Senatorial recommendations
for commissions and inquiries into the Executive for the Citizen's
Council to conduct.
-
The
Governor-Magistrate shall present all findings of commissions and
inquiries into the conduct of the Executive and Legislature to
joint sittings of Parliament with the Executive Council present.
-
The High Court
shall be the sole authority to interpret the constitution.
-
The High Court
shall contain a Chief Justice and as many other Justices, but no
less than two, as parliament determines necessary.
-
A Justice shall
not serve on the High Court, for more than twenty-five years.
-
A Justice shall
not serve on, or be appointed to, the High Court if they are above
seventy years of age.
-
The Council
shall be composed of sortitionists chosen by lot from the states
and territories.
-
A citizen who
has been chosen for consecutive Citizen's Councils shall be
disqualified and another sortitionist, who is not a current, nor
immediately prior member of the Citizens Council, shall take their
place.
-
The Council
shall ensure fair access by citizenry to the data and documents
produced by government.
-
The Council
shall grant or reject; as well as oversee, freedom of information
access by the citizenry.
-
The Council
shall grant or reject, as well as oversee, national security
access by the citizenry.
-
The Council
shall conduct commissions and inquiries, as recommended by the
Governor Magistrate, into the conduct of the Legislative.
-
The Council
shall conduct all commissions and inquiries into ethics for the
Legislative.
-
The Council
shall conduct all commissions and inquires into corruption for the
Legislative.
6.States
-
The States shall
nominate a qualified Judge, by majority, to fill any vacancy in the
High Court.
-
The States shall
bring forward proceedings of impeachment against a member of the
High Court who has approved into constitutional law legislation
that abrogates the Commons.
-
Upon impeachment
the decision shall only be over-turned by a super-majority of
Senate and House.
-
...
7.Other
-
Auditor General
-
Citizen Auditors
-
Referendum
-
Citizen Referenda
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Alternate Australian Constitutions
Between 2004 and 2009 this site,
southsearepublic.org, was a constitutional blog based on scoop which focused on Australian and global constitutional issues.
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Who Is Cam Riley

I am an Australian living in the United States as a permanent resident.
I am a software developer by trade and mostly work in Java and jump between middleware and front end.
I originally worked in the New York area of the United States in telecommunications before moving to Washington DC and
working in a mix of telecommunications, energy and ITS. I started my own software company before heading out to
Arizona and working with Shutterfly. Since then I have joined a startup in the Phoenix area and am thoroughly enjoying myself.
I do a lot of photography which I post on this website, but also on flickr. I have a photo-journalistic website which lists
the modernist and contemporary restaurants in phoenix. I have a site on the
Australian Flying Corps [AFC] which has been around since the 1990s and which I unfortunately
lost the .org URL to during a life event; however, it is under the
www.australianflyingcorps.com URL now.
The AFC website has gone through several iterations since the 90s and the two most recent are
Australian Flying Corps Archives(2004-2002) and
Australian Flying Corps Archives(2002-1999) which are good places to start.
Websites Worth Reading
Websites of friends, colleagues and of interest;