Sunday, July 23, 2006

Ideally

If the world were perfect there would be no reason to fear. There would be no reason to fight. Or to hurt another. Each and every one of us wants this "utopia" of ours to exist. Each and every one of us desires to have their utmost hidden desires fulfilled. And, barring a few exceptions, they should be fulfilled. Of course we'd leave genocidists and con artists back. And rapists and thieves. They need some extra attention. (Author's note: Hold that thought for next time.)

Then we all gather together and agree not to discriminate and not to hate. Those who wish to do such, need not apply.

We agree to respect the privacy of others and their rights as human beings regardless of race, creed, orientation, sex, ability, socio-economic status or any other divider society could think up. All those who disagree can again remain behind.

Then we agree, in accordance with the above, that everyone is equal. There are no exceptions.

We agree to dispose of crime in all it's forms because it restricts society's advancement.

We do not infringe on the right to religious beliefs, however we restrict those beliefs to private settings and in doing so bar them from public affairs. Religion has no place in law. None. Religious morals will not dictate laws as that is in essence the tainting of society with the beliefs of single persons (the religious founders) and the obstruction of true equal representation. All people deserve equal representation and a single document greatly increases the power of it's writers and their influence on society.


LEGISLATIVE PROCESS

The creation of laws must be of popular consent. That is, each law comes from the pool of all people, is defended by it's writer, and accepted or rejected by all people. There is no debate in the traditional sense. There is no changing a proposed law to sway voters. A law is as presented and unchanged for vote. The creator of the bill is allowed to defend his proposal and criticizers are allowed to do the same. Anyone can criticize. The bill however is defended only by it's creator. No one person may have more than 1% of all the bills proposed in a single year as represented by the previous year's number of bills.

All lawmaking will be broadcast on live television with a previously determined schedule (24 hours before at least), based upon a first-come first-serve order system. In the event of an emergency, laws may be brought up out of order only upon a vote of all those proposing bills that day. If the motion carries, then the bill is read and voted upon. Every person has the right to fight against the passage of a bill. They need only arrive in the lawmaking chamber before the bill is read. Or, in the event of being unable to arrive in time, they may attend the meeting via telephone or video conferencing. Bills pass when and only when 60% of voters agree. Voting may be done in person or over the internet by every person in the nation. One may only vote once naturally. Votes are collected for one hour after the initial voting process begins and absentee voting is allowed for up to a year after the bill is initially voted on. The bill becomes law one hour after the first vote is counted if 60% is achieved, but may be nulled if a sufficient number of votes are accrued afterwards to bring the total under 50%.

With the exception of this constitution, laws are total. Laws are eternal and have no end date. However, a law may be challenged with a new bill. And, if the bill succeeds, then the law will be nullified. No new law is created in this procedure. The bill must then be voted on again in three months for ratification (barring an aforementioned emergency). If the 60% needed is accrued then the bill becomes law as any other would. This is such so that no law will be enacted as the lesser of two evils.

There will be no legislative leaders. No one will be paid in any way for their services, including gifts or gestures.

Laws are singular in purpose. They may not encompass more than one statement or reach beyond their first purpose. They are not to exceed 5000 words in length and all must be available to every citizen prior to and after voting. They are to be written clearly and concisely. If this becomes questionable, then the bill should be voted down by the public.

The voting age for bills is based on a competency test taken in the language of their choice, after unbiased and detailed instruction regarding the legislative process. To vote for bills (and to produce one) one must achieve at least an 85% on the competency test. The test may be taken as many times as one wishes, without charge. It is to be administered in a public forum with all precautions taken to prevent cheating.


JUDICIARY

The court system is split into three levels inside two districts. District One takes care of all disputes regarding the breaking of laws. District Two takes care of all private disputes and anything else that does not including disputes brought forward because of the breaking of laws. Both Districts are to be located in the same building.

All trials are to be tried by a judging body of one's peers. All judges must be certified voters and pass a second test regarding judicial policy with at least a 85%. Each trial has eleven judges and all have equal power. Judges are picked at random from the pool of judges and are paid for their work per day equal to the amount that they would've been paid in accordance to their average rate of pay over the past six months. Judges must sit in on all proceedings for their case. No exceptions unless they are dead or hospitalized. If a judge then is missing, they are not replaced, the trial continues without them. And if an appeal is granted upon new evidence, then only the judges that voted on the outcome previously are allowed to attend. Judges are to be tested annually on their knowledge and must attain the same 85% each time to continue. This may be taken only once a year. No one may judge a case after the 30th anniversary of their first trial and they may also not be chosen, and must be removed from the pool if they are incarcerated or a part of an impending trial.

Level One of the court system, of both Districts (as all levels do), is located locally, there being now hundred mile circular radius without a courthouse, though they may be closer in densely populated areas.

Level Two is a higher level court to which Level One courts' decisions may be appealed at. All cases that are judged at Levels One and Two may be appealed. Level Two courts are located only in the top 20 largest cities, as determined every ten years by census.

Cases may only be brought before a Level Three Court if it has been judged in a Level One and Two and the verdict was overturned in the Two. All verdicts presented in a Level Three court are final. There is no appeal after that unless new evidence is obtained. If so, the case goes back to a Level One court for review of the new evidence with the same persons that judged the first trial (that also goes for any appeals afterwards). Level One courts also have the ability to deny a trial to repeat cases, if the evidence does not warrant a new trial. The judging body must have a 4/5ths vote to deny a new trial. If denied, the case is permanently over, unless new evidence surfaces in addition to old. There is only one Level Three court and it is located in the capital city and only moves if the capital does.

All trials are privately recorded and stored at the courthouse. Judges may peruse the tapes at any time during their deliberation. A transcript of all deliberations will be available publicly without identifying the author of each statement. No one unrelated to the trial is allowed in the courtroom.

Transportation to any court proceeding is free for anyone involved in the trial.

Judges may only sit in on one trial at a time. All courthouses must be large enough to sustain the number of trials that goes through it within one month of their application (all are able to apply for a trial). If there is a shortage of judges, that is if a pending trial waits more than one month to be heard and the pool of available judges have been exhausted, then the trial may be moved to the nearest equal-level courthouse. If there is a Level Three clog, that is to say that all judges everywhere are occupied, then the case will have to wait until the judges are available.

All cases tried in the same court for a second or subsequent time must take place at a time where all required judges are available, which may be more than a month, but no more than a year. If it takes a year, then they will be pushed ahead of other cases to get it fit in.


EXECUTIVE OFFICE

There is no executive office.


AFTERWORD

There is no need for checks and balances as everyone is represented. Laws and rulings may exist on a national, regional, or local scope. That is for each law itself to decide. If laws are voted for regionally, only that region can vote on them, likewise for local issues. Regional laws overreach local laws; national laws overreach regional and local laws. This document and it's rules within cannot ever be changed.


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Well there we have it, the start of my ideal nation.

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