You may also read this in Google Docs too so it will look a lot better:
The Constitution of Asgardian: Stepping Stones to Tyranny
I. Introduction
I have been asked to condense my thoughts on the primary issues with the constitution which may lead to oppression, tyranny, and fascism in Asgardia. Here is my attempt at ‘condensing’.
My Commentary on the Asgardian Constitution has 14 pages of my first pass comments on the constitution. There is a lot of good there, but also some very, very troublesome things to which I will talk about below.
There are 6 main factors present that need to be dealt with:
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People Other Than the Electors Decide if MP’s Take Office
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Tyranny of the Majority
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Subjective Morality
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Enforced Nationalism
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HoN Dynastic Appointments
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HoN’s Unfettered Legislative Power
NOTE: Also, I should state that this takes into account extra-Constitutional texts (the Asgardian Website) which at this point is effectively on par with the Constitution itself until as such time as that assumption by the public at large and the interim government is rescinded by the interim and acting Government.
II. People Other than Electors Decide if MPs Take Office
From the website -
bottom of the Election Page
: Keep in mind we have no idea what part of this means, because it is not explained, but is very problematic, especially because of how open it is, and I do not think this is mentioned directly in the constitution either:
"Candidates who receive most votes in their electoral districts will move on to the interview round conducted by the Central Election Committee of Asgardia. Elected MPs cannot take office until they have been interviewed by the Central Election Committee of Asgardia and approved by the Head of Nation."
This is problematic on two potential fronts for significant democratic reasons:
MP CEC Interview: From the standpoint of democratically elected representatives, I am not at all keen on a random and potentially partisan committee being able to tell the people that who they voted for arbitrarily cannot take on the job. This is somewhat analogous to America’s Superdelegates or the Electoral College members deciding on someone other than who the voters selected will take office. It does not work there and it sure as hell will not work here either.
There are no constitutional requirements nor guidance investing in the CEC to validate candidates or how to determine valid candidacy, so it could be left to opinion on whether or not the candidate likes teddy bears or whether or not they support the King’s views. This stands as quite anti-democratic and a violation of core premises of democracy.
Now, if this was only there to verify that they met the resume/ID/Recommendation requirement, then that would be one thing, but should be done prior to voting or listing them as a candidate. Otherwise it results in having the citizen waste their vote and prevent them seeking a qualified representative, and preventing their voice from being heard, but this is does not seem to be what this is about, since verification of candidacy is already done prior to being listed.
Head of Nation Approval: HoN also has to approve the candidate that has already been approved by the electorate and the CEC? (not in constitution) This is inherently anti-democratic. Members of Parliament should be voted in by the people, period. This part states, effectively that the HoN gets to pick his parliament.
Nothing could possibly go wrong there! Not ever!! I would love it if the President of the United States would get to pick his Congress. Oh, the horrors that would be wrought. Seriously, this is one is horrific and wrong, beyond all rational belief. You may say we do not have a king, but if this is left to stand then we most assuredly do!!! .
III. Tyranny of the Majority
“Article 16.7: 7. The supreme form of the expression of public will in Asgardia is a referendum. Referenda shall be used to resolve the most important national matters of Asgardia. Referenda shall be held in accordance with Asgardia’s laws.”
“Art 30.1 Asgardia shall be governed by its citizens through referenda.”
There are significant problems with ruling by referenda as the US saw in California during the Prop 8 debacle. $20 Million was spent in a campaign of fear and lies for months prior to this vote, which was eventually overturned by the Supreme Court. This allows for the Tyranny of the Majority to run wild over the country with no protection for minorities or minority viewpoints of any kind. This is going to be a long term significant problem. All it takes is one powerful statement or a charismatic person to move the masses by fear and anger to destroy progress or the rights of others by a single...Referenda.
There needs to be a significant check on this. Direct citizen referenda is pretty much a bad idea all around. I have an idea on how to correct this in my Constitutional rewrite, but I guess we shall see how well that will work.
IV. Subjective Morality
Article 17.4.a “the spread of moral ideals;”
Article 22.5 “ Asgardia shall prohibit any propaganda of immoral and antisocial behaviour, and any production and circulation of information on any storage media, which contains mass information, that is harmful to morality and/or aims to undermine or diminish its Supreme Values.”
Article 23.3 To ensure information security, the Government regulates the circulation of certain types of information on the basis of the Constitution of Asgardia and in accordance with the procedure set by Asgardia’s laws.
What are moral ideas? Morality is quite subjective and can vary from culture to culture, from religion to religion. Some may demand the stoning to death of someone who does not believe in their god on moral grounds or that women be required to cover themselves at all times. We are one citizen referendum away from a moral tyranny, especially when combined with 23.3 which controls the circulation of information - here comes censorship and political oppression!! Anti-social? As an introvert I have been called antisocial. Am I a referendum away from jail or some other punishment. These words, albeit, are poorly selected, but are also endemic to potentially very damaging constitutional precedents of protecting arbitrary ‘moral’ beliefs.
V. Enforced Nationalism
26.5. Asgardian citizens shall respect and protect Asgardia’s national symbols. Any disrespect towards Asgardia’s national symbols shall be subject to liability in accordance with the procedure set by Asgardia’s laws.
26.6. Any use of national symbols in violation of the procedure set by Asgardia’s laws shall be prosecuted in accordance with such laws.
26.5 and 6: 5. and 6. Both are really messed up and need to be removed. It violates freedom of expression and is a powerful tool to suppress political dissidents. Such laws are used by authoritarian regimes like Myanmar and fundamentalist Islamic countries to destroy political commentary, political dissidents, political controversy, and it goes against the very foundations of free speech. These are trappings of a monarchy, feudalism, and point horrendous levels of social and intellectual regression. Kingdom!! Ugghhh!. Super BAAAAD!!!
VI. HoN Dynastic Appointments
32.4: 4. “One year prior to reaching the age limit or in the event of a voluntary resignation, the Head of Nation shall nominate a candidate (on the basis of genealogy or on any other basis) for the position of Head of Nation. Two other candidates or the same candidate for the position of Head of Nation shall be nominated by the Parliament and the Supreme Space Council. The election of the Head of Nation is put to a referendum in accordance with Asgardia’s laws.”
Not a good idea. This should be scrapped altogether. There is an incredible potential to create dynasties by appointment even if the parliament gets to pick - provides potential for deal making and corruption.
This should be changed to an order of succession with an election to soon follow with the interim head having limited powers, unless in certain circumstances. You say we do not have a king? A king in all but name with dynastic appointment possible.
VII. HoN’s Unfettered Legislative Power
32.10 “The Head of Nation issues decrees that are mandatory for the governmental bodies and Asgardian citizens. Head of Nation decrees shall not be contrary to the Constitution and Asgardia’s laws.”
The Head of Nation gets to make laws without approval of anyone. There are no checks, no balances, no limitations, no order of precedence, or anything, and they are binding to the government and to the citizens. Nothing can go wrong here. The Head of the Nation is a king in all but name. This needs to be drastically rewritten or removed completely.