A Sortitionist's Constitution

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
    1. A constitution for the Republic of the Southern Seas.
    2. This document defines the Commonwealth Government.
    3. The constitution defines the responsibilities of the three equal, but separate, branches of Australian republican government; Executive, Legislative and Judicature.
2.Commons
    1. The republic recognizes that the commons cannot be reduced or suspended; by referendum, emergency, or a declaration of war by parliament.
    2. The republic recognizes that a citizen is any individual under the jurisdiction of the government of this constitution.
    3. The republic recognizes that an individual's political rights are inviolable.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. The Executive shall execute no law; the Legislative shall make no law; and the Judicature shall endorse no law as constitutional; that:

      Freedom
      1. deprives an individual of life
      2. limits or deprives an individuals freedom to express their beliefs, opinions or lifestyle.
      3. limits or deprives an individual's freedom of movement
      4. limits or deprives an individual's freedom of association
      5. limits or deprives an individuals freedom to peacefully assemble with other individuals.
      6. limits or deprives an individuals right to peaceful protest.

        Liberty
      7. detains an individual indefinitely without charge.
      8. limits or removes an individuals right to have counsel with them upon arrest or questioning.
      9. limits or removes an individuals right to a writ of habeous corpus upon detention.
      10. back-dates punitive measures for an offence.
      11. permits an individual to be detained for longer than six months without trial or resolution
      12. enabling an individual to be tried for an offence more than once.
      13. 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.
      14. 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.
      15. limits, reduces or removes an individual's right to own property
      16. deprives the individual of property, or devalues an individual's property without fair exchange or consent.

        Equity
      17. discriminates against an individual on the basis of race, age, gender, sexual preference, wealth, health, religion, associations or prior criminal record.
      18. 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.
      19. 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
      20. disenfranchises an elector.
      21. denies an elector representation
      22. denies an elector the ability to run for election
      23. reduces or removes an individual the ability to petition their representatives for a redress of grievances.
      24. abolishes the secret ballot
      25. increases the period between elections beyond eight years.
      26. criminalises, or outlaws a political party.
      27. removes access to the Public Service for parties with elected parliamentary members.
    3.Executive
    1. The Executive is the sole body in the republic authorised to execute laws.
    2. The Executive shall, as demanded in this constitution, faithfully implement and execute the laws passed by the legislative.
    3. The Executive shall, as demanded in this constitution, submit to juridical oversight of the execution of laws.
    3.4.Governor General
      1. The Governor General shall be elected by popular election.
      2. The Governor-General cannot serve more than two terms of office or eight years, depending on which comes first.
      3. The Governor-General shall veto any law, bill or act which contradicts the limits of Legislative authority in the commons.
      4. 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.
      5. The Governor-General is the head of the Executive Council.
      6. The Governor-General shall nominate the Ministers that comprise the Executive Council.
      7. 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.
      8. The Governor-General shall nominate the Ministerial Departments required to execute the laws passed by the legislative.
      9. The Governor-General shall present, to a dual sitting of parliament with the Executive Council present, a report on the Executive Ministries.
    3.5.Executive Council
      1. The Executive Council shall consist of Ministers who head a Ministerial Department as constructed by Legislative bill.
      2. ...
4.Legislative
    1. The Legislative is the sole body in the republic authorised to make laws, acts and bills.
    2. The Legislative shall make no law that persists beyond twenty-five years.
    3. The Legislative shall be composed of two bodies; the Senate and House.
    4. 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.
    4.5.Senate
      1. The Senate shall be composed of multi-member districts consisting of constituent states, territories and/or extra-national territories.
      2. The Senate electoral districts shall be apportioned members based on population of the constituent districts.
      3. A Senator cannot serve more than twenty-five years in Parliament.
      4. 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.
      5. The Senate shall conduct commissions and inquiries into the conduct of the Judicature.
      6. The Senate shall, upon majority vote, recommend further investigations into the Executive to the Governor-Magistrate for conduct by the Citizens Council.
      7. The Senate shall approve or reject any Judicial nominations.
      8. The Senate shall approve or reject any Executive Council nominations.
      9. The Senate shall not initiate any money bills.
      10. The Senate shall not initiate any no-confidence votes on the non-elected members of the Executive Council.
      11. The Senate shall be able to pass by two-thirds majority, no-confidence motions on non-elected members of the Executive Council.
    4.6.House
      1. 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.
      2. A House member cannot serve more than twenty five years in Parliament.
      3. The elected members shall be known collectively as the House Elected Body and individually as House Electors.
      4. The sortitionist members shall be known collectively as the House Citizens Body and individually as House Citizens.
      5. The House elected body shall consist of a maximum of one House Elector for each state, and territory.
      6. The Treasurer shall be chosen by majority in the House Elected Body as the head of the House.
      7. 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.
      8. The Treasurer shall present each year, to a dual sitting of parliament with the Executive Council present, a report on the budget.
      9. The House Citizens Body shall not consist of less than one sortitionist for each twenty thousand of population.
      10. The House Citizens Body shall vote on all bills.
      11. The House Citizens Body shall be chosen by lot each year.
      12. 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.
      13. A House Citizen shall be able to vote in absence.
      14. A House Elector shall not vote in absence.
      15. The House shall be able to pass by two-thirds majority, no-confidence motions on non-elected members of the Executive Council.
      16. A House Citizen may introduce legislation, in person or anonymously.
    4.7.Sergeant at Arms
      1. ...
5.Judicature
    5.1.Governor Magistrate
      1. The Governor-Magistrate shall be appointed by the States.
      2. The Governor-Magistrate cannot serve in office more than two terms of or eight years depending on which comes first.
      3. 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.
      4. The Governor-Magistrate can recommend commissions and inquiries into the conduct of the Legislature for the Citizen's Council to conduct.
      5. The Governor-Magistrate shall forward all Senatorial recommendations for commissions and inquiries into the Executive for the Citizen's Council to conduct.
      6. 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.
    5.2.High Court
      1. The High Court shall be the sole authority to interpret the constitution.
      2. The High Court shall contain a Chief Justice and as many other Justices, but no less than two, as parliament determines necessary.
      3. A Justice shall not serve on the High Court, for more than twenty-five years.
      4. A Justice shall not serve on, or be appointed to, the High Court if they are above seventy years of age.
    5.3.Citizens Council
      1. The Council shall be composed of sortitionists chosen by lot from the states and territories.
      2. 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.
      3. The Council shall ensure fair access by citizenry to the data and documents produced by government.
      4. The Council shall grant or reject; as well as oversee, freedom of information access by the citizenry.
      5. The Council shall grant or reject, as well as oversee, national security access by the citizenry.
      6. The Council shall conduct commissions and inquiries, as recommended by the Governor Magistrate, into the conduct of the Legislative.
      7. The Council shall conduct all commissions and inquiries into ethics for the Legislative.
      8. The Council shall conduct all commissions and inquires into corruption for the Legislative.
6.States
    1. The States shall nominate a qualified Judge, by majority, to fill any vacancy in the High Court.
    2. 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.
    3. Upon impeachment the decision shall only be over-turned by a super-majority of Senate and House.
    4. ...
7.Other
    1. Auditor General
    2. Citizen Auditors
    3. Referendum
    4. Citizen Referenda
Permalink, A Sortitionist's Constitution, Jun 2006, cam

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