Written evidence submitted by Life (AMC 89)
The final content of the Democracy and Freedom Bill 2015 will be subject to the outcome of a special commission, and it will include the following major provisions.
1 The establishment of Community, Regional and State democracies bound together by a single, standard set of rights and responsibilities. Sovereignty will be invested in Communities first, with a structure that allows for the promotion and retrieval of sovereignty in defined matters between the Communities, Regions and the national State. The current location of sovereignty will be inherited by the initial establishment, unless specifically changed in this Bill. A Sovereignty Court will be established to adjudicate any disputes regarding the location of sovereignty. The Supreme Court will adjudicate matters relating to the observance of rights and responsibilities.
2 The establishment of the citizen's right to privacy and security, include the Four Rights-to.
3 The rules governing the election of representatives to the new Assemblies, incorporating Proper Elections (PE) for multi-member constituencies.
4 Responsibilities of Assemblies and their Members.
5 The disestablishment of the House of Lords, such that Bills before the national assembly shall not be subject to approval by the House of Lords, and the disestablishment of the Church of England.
Constitution starter framework:
1. Multilayer Structure
1.1. There are 5 layers of government. The names of the layers are:
1.1.1. World
1.1.2. Transterritory
1.1.3. State
1.1.4. Region
1.1.5. Community
1.1.6. The use of the words to name each layer or constituency is purely for ease of use
and any interpretation of the word does not confer a different meaning than is
intended here by the principle of the voluntary grouping of political
responsibility and membership by excentric circles radiating out from the
individual to encompass the whole world.
1.2. Membership & Containment
1.2.1. Each constituency is based on the assemblage of whole members in the layer
below.
1.2.1.1. All containing constituencies must consist of a minimum of three members.
1.2.1.2. Communities are the lowest layer and do not have constituent members.
1.2.1.2.1.Communities contain citizens.
1.2.2. The members of a constituency must be geographically contiguous with each
other and if surrounded by water deemed to be contiguous with member(s)
occupying the nearest land.
1.2.3. Each constituency may change its membership to another constituency in the
layer above with which it has geographic contiguance.
1.2.3.1. Membership may only be changed once during the term of that
constituency’s assembly or the containing constituency’s assembly.
1.2.3.2. No constituency has right of refusal or acceptance of the membership of a
constituent entity in the layer below.
1.3. Boundaries
1.3.1. The determinant of the boundaries of a constituency is geography
1.3.1.1. A constituency must be geographically contiguous and if separated by water
deemed to be contiguous with the nearest land.
1.3.1.2. The boundaries of a Community constituency are determined by the
voluntary association of citizens resident on the land.
1.3.1.2.1.The jurisdiction of citizens in this matter is as follows:
1.3.1.2.1.1. Citizens with legitimate title to private property may select their
Community association
1.3.1.2.1.2.Citizens resident on public or shared property select their
Community association based on the majority opinion of the
residents of that property.
1.3.1.2.2.The boundaries of a Community shall not be redrawn more than once
during the term of the Community or containing Region’s Assembly,
whichever ends later.
1.3.1.3. The boundaries of all constituencies in layers above Community are defined
by the boundaries of their member Communities.
1.4. Residency & Citizenship
1.4.1. It is the fundamental responsibility of every Community to maintain a full and
accurate accounting of the population residing within its boundaries, and to
staff and fund an Electoral Commission.
1.4.1.1. This responsibility may not be promoted or relinquished.
1.4.1.1.1.Inability to fulfill this responsibility requires the dissolution of the
Community constituency.
1.4.2. Each constituency makes its own determination as to when residency converts
to citizenship, provided that
1.4.2.1. An individual's citizenship of a constituency in any layer does not confer the
right to citizenship of any other constituency in any other layer.
1.4.2.2. Continuous residency of a constituency for longer than a period equivalent
to one year longer than two full terms of that constituency's Assembly shall
result in the automatic conveyance of citizenship.
1.4.3. Residency in a contained Community constituency is a requirement for
acquisition of citizenship of any higher layer.
1.4.4. Residency is a right exclusively determined by Community laws and subject to
the individual approval and acceptance of the Community Assembly.
1.4.4.1. This responsibility may not be promoted or relinquished.
1.4.4.1.1.Inability to fulfill this responsibility requires the dissolution of the
Community constituency.
1.4.4.2. Once granted, residency cannot be revoked.
1.4.5. Citizenship at the World level is automatically conferred to every eligible voter.
1.5. Secession & Dissolution
1.5.1. Members of a constituency may elect to secede from membership of that
constituency to form their own constituency providing they meet the
requirements for membership and containment.
1.5.1.1. In such an event, each new constituency inherits the same Variable Law
status and membership affiliation as its origin constituency.
1.5.2. The assembly of a constituency may elect to dissolve the constituency, or be
required to dissolve the constituency because it is unable to meet its
responsibilities and obligations set out in this Constitution.
1.5.2.1. Upon dissolution the members of that constituency shall be free to
reassociate their membership according to the stipulations of this
Constitution.
1.5.2.1.1.Material fixed assets, and directly associated debt obligations, of the
dissolving constituency are assigned to the new constituency based on
the geographical boundaries of the new constituency. Other financial
assets and debts are proportionally assigned to the new constituency
based on the portion of the previous population they encompass.
2. Government assembly
2.1. Each constituency in each layer shall have its own government assembly made up
of duly elected representatives.
2.2. The assembly has the exclusive right to pass and rescind laws pertaining to its
constituency and within its Variable Law jurisdiction.
2.3. Assemblies shall sit for a term defined by their layer and submit to re-election
before the end of the term. The terms for each layer are:
2.3.1. World, 7 years
2.3.2. Transterritory, 6 years
2.3.3. State, 5 years
2.3.4. Region, 4 years
2.3.5. Community, 3 years
2.4. The maximum number of seats in an assembly is determined by the whole number
closest to the result of dividing the eligible voting population of the constituency by
its ratio. The ratios for each constituency layer are:
2.4.1. World, 1:100,000,000
2.4.2. Transterritory, 1:10,000,000
2.4.3. State, 1:1,000,000
2.4.4. Region, 1:100,000
2.4.5. Community, 1:1,000
2.5. The minimum number of seats in an assembly is seven.
2.6. Elections
2.6.1. Every constituency shall establish an Electoral Commission, made up of at least
three citizens of the constituency, charged with the proper execution of elections
and the determination of constituency boundaries according to the standards of
this Constitution.
2.6.1.1. Members of the Electoral Commission
2.6.1.1.1.may be appointed by the assembly or directly elected
2.6.1.1.2.may not be simultaneously an elected representative
2.6.1.1.3.may not stand for election to any assembly during their tenure or for 3
years thereafter
2.6.1.2. Irregularities and contraventions are to be reported by the Commission
directly to the public.
2.6.1.3. Sanctions and remedies are to be decided by the assembly based on
recommendations from the Commission.
2.6.1.4. Election results require the certification of all members of the Commission
2.6.1.4.1.Election results that are not certified by the Commission require the
election to be re-run one month later.
2.6.1.5. The Commission is the final arbiter of geographic location and proximity in
the event of a boundary or membership dispute.
2.6.1.6. The Commission must create and maintain the official records of boundaries
and memberships and make such records available to the public for review.
2.6.2. Upon expiry of the term, or sooner at the discretion of a majority vote of the
assembly, the assembly will submit to re-election.
2.6.2.1. If an elected representative is disqualified or becomes unable to serve during
their term and their vote count portion is greater than the total vote at the
last election divided by the number of filled seats, or if there are only 3 filled
seats in the assembly, then an election shall be held. This provision is
cumulative.
2.6.3. Campaigns & Funding
2.6.3.1. Campaign periods shall commence on the date prior to the election date
calculated using the formula: Term in years x 30 days.
2.6.3.2. Campaign periods shall end on the date 2 days before the election date.
2.6.3.3. Candidates may not accept or receive funds or in-kind services for their
campaigns from anyone other than individual citizens resident in the
constituency.
2.6.3.3.1.Campaign contributions must be transparently accounted for and held
separate from the candidate’s personal wealth
2.6.3.3.2.All campaign contributions not expended by candidates on costs
incurred before the date of the election are to be transferred to the
public coffers of the constituency within 90 days.
2.6.3.4. Candidates are required to provide a full accounting of their income in the
year prior to their nomination within 10 days of their nomination.
2.6.4. Candidates
2.6.4.1. Any citizen of the constituency who is qualified to vote may stand for
election
2.6.4.2. All candidates stand for election to an assembly through an open selfnomination
process.
2.6.4.3. Candidates that obtain petitionary support from more than 1 in 200 of the
population are "recognized candidates" for the purposes of public campaign
funding.
2.6.4.3.1.The Electoral Commission shall provide facilities for petitions to be
submitted and approved.
2.6.4.4. Candidate registration closes after 50% of the campaign period has passed.
2.6.5. Mass Media Access
2.6.5.1. All “recognized candidates” for any election should be availed of equal access
to mass media at public expense
2.6.5.1.1.All candidates are barred from acquiring any additional time/space on
that same media.
2.6.5.1.2.Political advertising and candidate advocacy on mass media to be
banned other than during the campaign period.
2.7. Voting
2.7.1. A voter shall be every human 16 years old or older who is a citizen of the
constituency.
2.7.2. A voter that is the legal guardian of another born human who is ineligible to
vote shall have their charge's vote as well.
2.7.3. Between 30 days before the election date and the day of the election, all voters
may cast a ballot.
2.7.3.1. Ballots must allow voters to specify 1st and 2nd choices from the available
candidates.
2.7.3.1.1.Ballots must also allow for voters to write in the name of their choice as a
1st or 2nd choice if that person is not listed as a candidate.
2.7.4. Counting votes
2.7.4.1. After midnight on the day of the election the vote shall be closed and all
ballots collected for counting in public.
2.7.4.1.1.The total number of ballots cast is counted first.
2.7.4.1.2.The quota for election to a seat is determined as half the total votes
divided by the maximum number of seats available
2.7.4.1.3.The 1st choice votes for each candidate are counted.
2.7.4.1.3.1.Candidates with sufficient 1st choice votes to qualify by passing the
quota are duly elected, in order of the number of 1st choice votes
received.
2.7.4.2. The 1st choice votes for the lowest scoring, non-qualifying candidate are
reassigned to those voters' 2nd choices until all seats are filled, using the
same quota but accounting for both 1st and 2nd choices.
2.7.4.2.1.The remaining votes for unqualified candidates are assigned to their 2nd
choice candidates, if those candidates have been elected.
2.7.4.3. If there are remaining unfilled positions using the quota then those seats are
left unfilled
2.7.4.3.1.So long as the minimum representative quantity of 3 has been met.
2.7.4.3.1.1.If the minimum number of 3 seats have not been filled then further
elections must be held again one month later
2.7.4.3.1.2. If the minimum number of 3 seats remain unfilled then further
elections must be held again every three months for a year.
2.7.4.3.1.2.1.If the minimum number of 3 seats remain unfilled then the
constituency is automatically dissolved.
2.8. Assembly
2.8.1. Assemblies shall meet at the discretion of members providing
2.8.1.1. Not more than 30 days shall pass between sessions
2.8.1.2. Sessions have been held on at least 30 days in the previous 100 days
2.8.1.3. Qualifying sessions must last a minimum of 2 hours and have a quorum
present
2.8.1.4. Failure to meet the requirements for holding sessions automatically triggers
an election.
2.8.2. Assemblies must be subject to public scrutiny and make provisions to allow for
public observation of their proceedings.
2.8.3. Assemblies must keep a permanent record of the proceedings and voting.
2.8.4. Voting in Assembly
2.8.4.1. Each representative in an assembly will vote with the weight of their vote
count at the last election, including both 1st choice and reallocated 2nd
choice votes, in matters before the assembly.
2.8.4.1.1.Representatives may not allocate or split their vote count weight
2.8.4.2. A quorum is reached when the assembly has representatives present who
have a combined vote weight of 75% of the total votes cast at the last election
2.8.4.2.1.Less the vote count of any representative(s) who are absent for a third
consecutive assembly session
2.8.4.2.2.But never less than 50% of the votes cast at the last election.
2.8.5. Members of the assembly receive compensation at a rate of 10 times the average
income of their constituency population.
2.8.5.1. Members must provide a full and transparent accounting for all of the
income they receive not less frequently than once every calendar year
starting from the date of the last election and published to the public record
of the Assembly.
3. Variable Law
3.1. The principle of Variable Law is that laws are determined at the lowest layer of the
Multi Layer structure unless they are voluntarily promoted up to the next higher
layer, by a majority of the constituencies of that layer.
3.2. This Constitution is the supreme law and is hereby adopted by such by the
constituency ratifying this Constitution and of its all contained constituencies.
3.2.1. This Constitution can only be adopted and ratified by this constituency’s
Assembly after this same Constitution has been adopted and ratified by all of
the Assemblies of its contained constituencies.
3.2.2. Amendments to this Constitution can only be ratified by the Assembly of this
constituency after the same Amendment has been ratified by a super-majority
of two thirds of the Assemblies of any contained constituencies.
3.3. The Community owns the right to set all laws in all public matters excepting those
matters determined in this Constitution; but may chose to promote certain aspects
of law to the next highest layer.
3.3.1. An aspect of law must be specifically described in a promotion order, and if this
cannot be established then the authority remains with the Community. There is
no assumptive embracement or consequential inclusion principle.
3.3.2. A higher layer only assumes determination of an aspect of law when a super
majority (two-thirds) of its lower constituent members agree to promote it.
3.3.2.1. A higher layer may refuse to accept the promotion of an aspect of law if the
promotion order is deemed by them not to include provisions that would
allow the higher layer to fulfill their responsibilities under this Constitution.
3.3.3. Constituent entities can retrieve their determination of any aspect of law from
the higher layer so long as a super majority of the peer members agree to do the
same.
3.3.3.1. If that aspect of law has already been promoted to a yet higher layer, then it
must be retrieved down the layered structure in the reverse order in which it
was promoted.
3.3.4. All of the constituencies of a layer are bound by the super-majority decision to
either promote or retrieve an aspect of law.
3.3.5. A higher layer may only enter agreements with other peer constituencies in
aspects that have been specifically promoted to them by their own constituents,
for any such agreement to be binding on their own constituents.
3.4. The constituency with jurisdiction over an aspect of law has a consequent
responsibility and authority for its enforcement, prosecution and defense.
3.4.1. Members are required to provide the necessary access to allow higher layers to
discharge their responsibilities
3.5. The assembly is the highest authority in the constituency, within the constraints of
this Constitution.
3.5.1. The assembly serves as the highest court of appeal for that constituency.
3.5.2. All civil and military services report to and are subservient to the assembly.
3.5.2.1. All management positions of those services that report directly to the
assembly serve at the will of the assembly, who may appoint replacements as
they see fit.
3.6. After the ratification of the status of an aspect of law, that status that is inherited by
all sub-constituencies subsequently establishing membership of that constituency.
3.7. Any law passed by an assembly during a campaign shall become effective after the
election results have been determined, giving the newly elected assembly the ability
to rescind them within 30 days, before they come into effect.
3.8. Laws are restricted in their application to those areas of responsibility specifically
promoted to the layer legislating the law. It follows that no laws shall have
jurisdiction in the personal private space of any individual or freely, consensually,
associated group of individuals.
3.9. Legal and equitable remedies are the boundaries of the legal system’s right to
infringe on the personal liberties of anyone transgressing the law.
3.9.1. The legal right to detain anyone in confinement as part of a legal judgment only
exists to the extent that it is necessary to prevent further harm to others, and
that shall be the sole purpose of imprisonment.
3.9.2. No one shall be subjected to death, torture or to cruel, inhuman or degrading
treatment or punishment.
4. Rights
4.1. Personal & group privacy rights
4.1.1. No law shall have jurisdiction in the personal private space of any citizen.
4.1.1.1. Private space defined as any space in which the activities of an individual
cannot be seen, heard, felt, smelled or tasted by another person.
4.1.2. No law shall have jurisdiction in the private group space of any citizens.
4.1.2.1. Private group space defined as any space in which the activities of the group
cannot be seen, heard, felt, smelled or tasted by other persons.
4.1.2.1.1.All members of the group must be consenting adults at liberty to leave
the group at any and all times.
4.2. No laws shall respect an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, associate and to petition the Government for a
redress of grievances.
4.2.1. No one may be compelled to belong to an association.
4.2.2. No laws shall depend on tests of religion, race, sexual orientation, gender,
colour, opinion or other bias.
4.2.3. No laws shall discriminate between individuals based on religion, race, sexual
orientation, gender, colour, opinion or other bias.
4.2.4. Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of boundaries.
4.3. All people are equal before the law and are entitled without any discrimination to
equal protection of the law.
4.3.1. No one shall be subjected to arbitrary arrest, detention or exile.
4.3.2. Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and
obligations and of any criminal charge against him.
4.3.2.1. Everyone charged with a penal offense has the right to be presumed
innocent until proved guilty according to law in a speedy and public trial at
which they have had all the guarantees necessary for their defense.
4.3.2.2. No one shall be held guilty of any penal offense on account of any act or
omission which did not constitute a penal offense at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offense was committed.
4.4. Everyone has the right to own property alone, as well as in association with others.
4.4.1. No one shall be arbitrarily deprived of their property.
4.5. The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants
shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be
seized.
4.5.1. Everyone has a right to review information held about them by anyone or any
other entity.
4.5.1.1. Entities other than individuals storing personal information about an
individual must provide facilities so that the person can
4.5.1.1.1.request access to the information for review
4.5.1.1.2.review all the information stored at the time of the request within 21
days of making the request
4.5.1.1.3.notify the entity of any inaccuracies and have such notification appended
to the information until such time as the inaccuracy is corrected.
4.5.1.1.3.1.In the event that the entity does not change the information for any
reason the notification must remain part of the record.
5. Social Promise
5.1. Between each member of our society there exists the following mutual promise:
“No matter what fortune befalls you, I will make sure that you do not die
prematurely for lack of bare necessities, and I will do whatever I can to provide you
with the opportunity to make the most of your life".
December 2014