Haha beautiful a new editor - that tricked me :-D
Had to go through and remove all my HTML. Dumb twit I am, I should have checked the page before writing in my own editor :-D
OK - sorry I took so long folks.
I have studied the following so I can make comments which hopefully reflect the intent of the founders,
contributors ideas and common sense:
- All current documentation available on this site
- @guzlomi's submition
- @yovy's thoughts
- @guzlomi's responses
- everyone else's short comments on this forum
- all our comments on the "declaration of unity" forum
- some of the comments made in the old facebook forums on constitutional ideas
- a stack of my business and legal stuff concerning constitution of state and organisations
- some interesting thoughts about constitution writing from the general web
My purpose is to ensure I am trying to follow the thought process of the founders and originators of this document and to ensure we are consistent with our suggestions. Especially concerning the declaration of unity as we have been told catagorically that acceptance of these 2 documents is to become the fundamental step towards full citizenship of Asgardia.
Firstly, I think that it is important that (as @yovy mentioned) we comment clearly on the "Table of contents" as the first step. I read your response @guzlomi saying you took your lead from the table of contents however your personal feeling is that some of the articles need not be included. I'm not sure I agree with that approach as we have been asked primarily for feedback on the Table of Contents. However you have done an aweful lot of work on the content which I feel will be a brilliant start if the founders have nothing yet.
I just feel that if we are to comment on this document properly then we need to specify what we think is needed and not needed before we skip to the actual content (which @guzlomi has done well with).
On that basis here (in a little more detail than my first post) are my thoughts. I'll stick primarily to the "Table of Contents" itself and come back with another post regarding the detailed content of the Constitution.
Constitutional preamble usually states the reasons or purpose for the creation of the state/nation/organisation. However these will be covered in Chapter 1 so the preamble should be a short statement of the form "We the citizens of this space nation, in order to promote the goals stated herein, do establish and adopt this Constitution for the government of our nation."
A short statement like this is unpretencious and is easily understood. It does not need to enumerate anything as this will be done in the content of the document.
This is a no brainer and is an absolute necessity in any constitution.
I don't really think this is necessary for 2 reasons:
i) The constitution is a document for citizens to read, understand and accept. The document should be written with terminology that people would understand and be able to apply to everyday life. A constitution is not a liturny of "legalese", it should be a clear and concise explaination of the concepts and structure of the society a citizen is to live within.
ii) The details of the enactment of the constitution in every day life is usually contained in the legislative documents. These are where terms and definitions should be explained.
In a national constitution it is an absolute necessity that a state proclaim it's sovereignty and independence. I think @guzlomi has covered it well with this simple statement: "The space nation of Asgardia is a free, independent, sovereign and democratic state according to international law."
However I will say that international law does not, in the first instance, recognise the creation of a new and free state. There are a number of hoops to jump through and one of them is that you cannot just secede and/or cause insurection or cause citizens of another state to go against their constituted government. So maybe it is better to leave international law out of this statement to avoid debate and actino being taken against the proclaiming of the state.
The mission is necessary and should clearly define the goals/purpose of the Asgardian state. These are clearly laid out in the original founding statement and in the declaration of unity:
From the "Concept" document:
(1) Peacful use of space
(2) Protect the Earth from dangers emanating from space
(3) Create a demilitarized and free scientific base of knowledge in space
Expanding on these goals with the following processes:
- Encourage, create and promote acceptable and fair space law
- Promote access to space for humankind
- Promote wide participation by all peoples in this endeavour
- Endeavour to prevent Earth political conflicts moving into space
From the "Declaration of Unity":
(1) Ensure peace in space
(2) Ensure the protection of planet Earth and the entire humankind from outer space threats
(3) Ensure equal opportunities in space for all Asgardians living on Earth, regardless of geographic, financial, technological and other features of the countries of their earthly citizenship
For the sake of correctness I have used the origrinal documents for these excerpts rather than any suggested updates
** CONTINUED **