May 26, 17 / Can 06, 01 03:54 UTC

Asgardia.Constitution.Proposal.txt - Democratic Technocracy – Chapter 6  

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

CHAPTER 6. SECURITY IN ASGARDIA


Article 21. Security Areas

§ 1. Asgardia’s security doctrine is exclusively peaceful and defensive in nature.

§ 2. Asgardia protects its territories and humankind from threats originating in space. Asgardia also defends itself and its citizens from external and internal threats.


Article 22. Security of Citizens

§ 1. Asgardia defines the security of citizens as the ability of the state and the citizen to overcome threats and minimise risks in the present and future.

§ 2. Citizen security is ensured in Asgardian territory.

§ 3. Asgardia guarantees protection from any slavery or servitude, physical or emotional violence and compulsion, unlawful dependence and restrictions, and unlawful obligations or subordination within its territory. 

§ 4. State bodies and diplomatic representative bodies of Asgardia in Earth nation states must exhaust all peaceful means and measures to assist the provision of physical security of its citizens outside of Asgardia in accordance with Asgardia’s Constitution and laws, generally recognised international principles and norms, international treaties, and rules of nation states in which Asgardian citizens reside.

§ 5. Asgardia prohibits persecution for views and convictions. Any persecution for expression of views is prohibited.

§ 6. Asgardia guarantees the protection for citizen’s personal data. 



Article 23. Security of Asgardia

§ 1. Asgardia maintains and protects its national sovereignty, national security and the security of its resources on celestial bodies, in space and on Earth using all of its state abilities, means and resources. 

§ 2. Asgardia monitors and forecasts external and internal threats, and security risks (including but not limited to space, military, political, informational, economic and environmental risks), and ensures that they are minimised, prevented or that damage from the realisation of such risks is minimised and their consequences are addressed.

§ 3. To ensure information security, the state regulates the circulation of certain types of information on the basis of the Constitution and in accordance with the Law of Asgardia. 

§ 4. The state ensures the creation of a secure environment for the circulation of accurate information (including electronic databases of scientific research and technical information) and the creation of informational infrastructure that is resistant to different types of impact.


Article 24. Protection of Territories

§ 1. Asgardia uses state and private resources to build and operate systems to defend and protect its territories from threats originating in space independently and in cooperation with Earth nation states and international organisations on the basis of bilateral and multilateral treaties. 

§ 2. In order to protect Asgardia and humankind, Asgardia’s authorised state bodies will:

 a. monitor the condition and physical processes of potentially dangerous objects in near and outer space, model and forecast space-born threats, and their potential consequences; 

 b. monitor the condition and physical processes in Earth’s geospheres and model and forecast their potential consequences;

 c. monitor the Earth’s biosphere and emerging biological threats originating in space and model and forecast their potential consequences, and ways of defending against such threats. 

§ 3. In order to preserve humanity and Earth’s biodiversity, Asgardia organises and ensures the building of Space Arks, defensive platforms in space, to be used in the event of threats to the safety of humanity.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:33 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 03:54 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

Article 25. Asgardia’s Aerospace Fleet

§ 1. For the defence of Asgardia, its orbital satellite constellation, Asgardia maintains and operates an aerospace fleet in accordance with international space law.

§ 2. The Ministry of Safety and Security controls Asgardia’s aerospace fleet in normal times.

§ 3. The Head of State and Parliament may declare a state of emergency, defence, or disaster in accordance with the law. In such cases, the Head of State may assume the role of Commander-in-Chief. 

§ 4. Asgardia’s aerospace fleet operates in cooperation with Earth nation states and international organisations to achieve peace in space and protect Asgardia from space born threats.

§ 5. The creation of private prisons is prohibited in Asgardia. However, law may establish State owned and operated rehabilitation centres. 

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:34 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 03:55 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

CHAPTER 7. GOVERNMENT STRUCTURE


Article 26. National symbols

§ 1. Asgardia’s national symbols are:

 a. the national flag of Asgardia;

 b. the national coat of arms of Asgardia;

 c. the national anthem of Asgardia;

§ 2. Asgardia’s national symbols are chosen via a referendum and subsequently approved by Parliament and the Head of State in accordance with the procedure set by the law of Asgardia.

§ 3. Asgardia’s national motto is “Ab scientia libertas. Ab libertas pacem." (From science comes freedom. From freedom comes peace.).

§ 4. The description of Asgardia’s national symbols and the procedure for using them are set by the Laws of Asgardia. 


Article 27. Language

§ 1. Asgardia’s official language shall be called Basic and is based on International English.

§ 2. The official language in Asgardia is the administrative and document languages.

§ 3. All Asgardian citizens may use their native languages for communication, education, parenting, and creative pursuits. The state guarantees that all may retain their native language but requires proficiency in Basic.

§ 4. In its relations with Earth nation states and international organizations, Asgardia uses Basic and the interlocutor. Agreements, treaties, and other international acts executed by Asgardia may also be prepared in a different language as requested by the other party on the mutual agreement of all parties. All agreements, treaties, and partnerships must be stored in Basic and the original interlocutor, if not Basic.


Article 28. Capitals

§ 1. The celestial capital of Asgardia, Asgard or Celestial Asgard, is located on a currently active near-Earth orbit satellite or satellites that are part of an orbital constellation. The capital may subsequently be located on a Space Ark or, eventually, on a moon entity in accordance with international space law.

§ 2. Celestial Asgard is an information portal and the virtual location of Asgardia’s state bodies, citizens, and infrastructure. The capital is used for address purposes by Asgardian citizens, other persons, Earth nation states, and international organizations to contact Asgardian state bodies and officials.

§ 3. Individual and collective enquiries by Asgardian citizens, other individuals, and legal entities to Asgardian state bodies and officials must be sent electronically in a manner that allows the enquiring party to be identified and authenticated using the virtual resources of the capital of Asgardia.

§ 4. The Earth capital of Asgardia, Asgard or Earth Asgard, is the location of state bodies as required and the location of software and hardware complexes of Asgardia’s Earth entities, if Asgardia has territory (natural, artificial on hard surfaces or water, lawfully located in Earth nation states or not occupied by Earth nations).

§ 5. The status of both capitals, the legal arrangements for their location, their operational procedures, and resource use are set by the Law of Asgardia.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:34 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 03:55 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

Article 29. Foreign Relations

§ 1. Asgardia conducts its foreign policy based on its mission and Supreme Values, as well as the national interest.

§ 2. Achieving international legal recognition of Asgardia, including establishing diplomatic relations with Earth nation states and opening embassies and consulates in such nation states is one of the objectives of Asgardia’s foreign policy.

§ 3. Asgardia opens embassies in all recognised nation states both on Earth and in space.

§ 4. Asgardia’s foreign policy is aimed at achieving a balance of general space and planetary interests and its national interest.

§ 5. Asgardia builds international relations and collaborates with other nation states on the basis of international treaties and agreements executed by authorized state bodies.


Article 30. Government 

§ 1. Asgardia is governed by its citizens through referenda and the following state bodies: Head of State, Council of Supreme Values, Parliament, the Government and its ministries, as well as the Court of Justice, law enforcement, and supervisory authorities. 

§ 2. Asgardia’s government is based on the separation of the legislature, executive, judiciary, and supervisory branches. The Head of State is the head of the government and leads the Executive branch. 

§ 3. The authority of state bodies is set by the Constitution and the law of Asgardia. 

§ 4. Asgardia, through its state bodies and officials, is responsible for developing all areas of the state’s procedures and activities in accordance with its mission and Supreme Values by exercising the authority specified by the Constitution and the Law of Asgardia and using state resources.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:34 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 03:56 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

CHAPTER 8. ADMINISTRATION OF GOVERNMENT

Article 31. Legal System and Branch structures

§ 1. The Constitution of Asgardia is the foundation of Asgardia’s legal system. Asgardia’s Constitution takes precedence over all other legal documents and is directly applicable.

§ 2. Asgardia’s legal acts include:

 a. referendum decisions;

 b. decrees of the Head of State;

 c. acts of the Council of Supreme Values;

 d. international treaties;

 e. laws;

 f. acts of Parliament;

 g. Government resolutions;

 h. National Audit Office acts;

 i. prosecution authority acts;

 j. National Bank acts;

 k. acts of ministries;

 l. security service acts.

§ 3. Asgardia’s Constitution and legal acts apply throughout Asgardia’s territory and to all Asgardian citizens irrespective of their location. In the event of differences between legal acts of the Earth nation state in which an Asgardian citizen is located and Asgardia’s legal acts, if such differences are not addressed by an international treaty to which Asgardia is a party, the Asgardian citizen may operate on the basis of the acts of the nation state in which he/she is located.

§ 4. Laws and other legal acts adopted in Asgardia may not be counter to Asgardia’s Constitution or distort its provisions in any other way. Laws and other legal acts that are conflicting with the Constitution shall be repealed and declared void in accordance with the procedure set by the Law of Asgardia.

§ 5. International treaties executed by Asgardia may not contradict its Constitution. Treaties executed by Asgardia become part of its legal system.

§ 6. Asgardia recognizes generally accepted international principles and norms.

§ 7. The requirements for preparation, consideration, adoption, official publication, entry into force, interpretation, and systematization of legal acts, as well as legal force and methods of resolving contradictions between legal acts, are set by the Constitution and Asgardian law. 


  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:35 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 03:57 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

§ 8. The branches of Government are: 

 a. Executive, 

 b. Legislative, 

 c. Judicial, and 

 d. Supervisory.

§ 9. The Head of State (HoS) is the head of the Executive branch.

§ 10. The Executive branch shall include the elected Ministry Chairpersons.

§ 11. The Legislative branch is comprised of the Parliament and Ministry offices.

§ 12. The Judicial branch is composed of the Court of Justice. There shall be one Supreme Court of Justice. The law may define inferior courts as deemed necessary.

§ 13. Council of Supreme Values and law enforcement are a supervisory branch of government.

§ 14. No officer of the Government or law shall be permitted to hold more than one office at a time.

Article 32. Asgardia’s Head of State

§ 1. The Head of State (HoS) is limited to a maximum of two terms. Each term shall not exceed five (5) Earth-years of civic service.

§ 2. The HoS shall be a minimum age of thirty-five (35) Earth-years, hold a professional certification in law and/or science, and be a citizen of Asgardia for at least five (5) Earth-years. The required merits of Candidates for HoS shall be further defined by law.

§ 3. The Head of State is not above the law of Asgardia.

§ 4. The Head of Nation role shall be abolished upon the adoption of this Constitution. The current Head of Nation, as defined by Decree # 1, shall be requested to take the honourable role of Head of State. After five (5) Earth-years, the first Head of State shall agree to step down unless voted to a second term in office. In the event the Head of Nation declines to become the Head of State, up to five (5) Candidates shall be vetted by special committee appointed by the Head of Nation, within thirty (30) Earth-days, and hold a general Election where the candidate with the most votes shall become the Head of State. In the case where two or more Candidates have the same number of Votes, the Head of Nation shall cast a tie-breaker vote.

§ 5. The second and subsequent Heads of State may be any Asgardian Citizen that submits his/her candidacy and qualifications to the Parliament for consideration. The Parliament shall appoint a committee of no more than seven (7) members to confirm the qualifications and, upon committee approval, provide the recommendation of the Candidates to the Council of Supreme Values. The Council will further interview the Candidates and confirm their fitness to lead the honourable office as defined by the Supreme Values of Asgardia. Three (3) Earth-months prior to the conclusion of the current Head of State term, the Council of Supreme Values shall present the Candidates to the public for a final vote. There will be a maximum of five (5) candidates including the current Head of State, if he/she has not already served a second term. Two (2) Earth-months prior to the conclusion of the current Head of State, the general election shall commence. Citizen votes shall be collected over a period of forty-eight (48) Earth-hours and the candidate with the most votes shall be the next Head of State. In the even that two or more Candidates have the same number of votes, the Chairperson of the Council of the Supreme Values shall cast the tie-breaker vote.

§ 6. Upon retirement of the HoS, except in the case of Impeachment, he/she shall enjoy guaranteed personal safety and the protection of his/her private property for the next twenty (20) Earth-years.

§ 7. While in Office, the Head of State shall be referred only by titles of “Asgardian Head of State” or “Head of Asgardia.”

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:35 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 03:58 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

§ 8. In the event the Head of State dies, resigns, becomes permanently incapacitated or is declared missing, as well as in the circumstances stipulated by law where the Head of State is unable to perform his/her duties, the duties of Head of State temporarily pass to the Chairperson of the Council of Supreme Values until the reasons which prevented the Head of State from performing such duties cease to be in effect or until the inauguration of the new Head of State. In the event of return from the above circumstances, the Head of State must prove his/her fitness within two(2) Earth-months and by the approval of a certified medical physician duly appointed by the Ministry of Science. In the event that both the Head of State and Chairperson of the Council of Supreme Values are unable to perform such duties defined herein for the Head of State, the responsibilities shall fall to the following line of succession:

 a. Ministry of Science Chairperson

 b. Ministry of Safety and Security Chairperson

 c. Ministry of Finance Chairperson

 d. Ministry of Administrative Affairs Chairperson

 e. Ministry of Justice Chairperson

§ 9. The Head of State:

 a. appoints the Supreme Justice of the Judicial Court, the Chairperson of the National Audit Office, the Chairperson of the Council of Supreme Values, and Asgardian ambassadors extraordinary and plenipotentiary to Earth nation states;

 b. has the right to veto candidates nominated in accordance with the Constitution and the Law for the positions of Chairperson of the Government, member of the Council of Supreme Values, and Chairman of the National Bank, and has the right to propose removal of persons who hold these positions;

 c. calls elections of members of Parliament in accordance with the Constitution and the Law of Asgardia and has the right to propose dissolution of Parliament to the Council of Supreme Values;

 d. negotiates and signs international treaties and ratification instruments, accepts letters of credence and recall from diplomatic representatives; treaties must be approved by Parliament via a simple majority within six (6) Earth-months of HoS signing;

 e. proposes draft laws to Parliament, signs laws adopted by Parliament, returns draft laws without signature with noted objections, and has the right to veto laws adopted by Parliament;

 g. grants clemency;

 h. staffs the Administration of the Head of State, the body which supports the work of the Head of State;

 i. creates discussion and advisory bodies to support him/her in performing his/her duties;

 j. performs other duties stipulated by the Constitution and the Law of Asgardia.

§ 10. In the event of aggression against Asgardia by nation states, or direct and credible threats of such aggression, the Head of State declares a state of emergency in accordance with the Law of Asgardia, which must be subsequently confirmed by Parliament.

§ 11. The Head of State issues decrees which are mandatory for Asgardian citizens. Head of State decrees must not conflict with the Constitution and Asgardia’s laws.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:35 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 04:00 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

Article 33. Council of Supreme Values

§ 1. The terms “Council of Supreme Values,” “Supreme Values Council,” and “The Council” are synonymous.

§ 2. The Council shall be comprised of no more than thirty (30) members appointed by Parliament.

§ 3. Council members must be of minimum age of thirty (30) Earth-years, hold a professional certification in law, business, or science, and be an Asgardian citizen for five (5) Earth-years or more.

§ 4. Council members may not serve more than a single, fifteen (15) Earth-year term.

§ 5. Powers of Impeachment shall be empowered to the supervisory branch.

§ 6. Judgment in Cases of Impeachment shall not extend further than the removal from Office and disqualification to hold and enjoy any Office of Honour, Trust, or Profit under Asgardia. The Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment in accordance with the Law.

§ 7. Any officer of law shall be removed from Office on Impeachment for, and in conviction of, treason, bribery, or other high crimes and misdemeanours.

§ 8. The Council is charged to review and make consistent all Decrees made by the Head of State. By a two-thirds (2/3) majority, they may vote to void and remove any decree that violates the spirit of the Supreme Values of Asgardia.

§ 9. No Person holding any Office of Profit or Trust under them, shall, without the Consent of the Council of Supreme Values, accept any gift, Emolument, Office, or Title, of any kind whatsoever, from any King, Prince, or foreign nation state; In addition, no title of nobility shall be granted by Asgardia.

§ 10. The Council is charged with the removal of officers in the Executive, Legislative, and Judicial branches in accordance of law.

§ 11. The Council shall make the final recommendation for candidates of the Head of State for public election.

§ 12. Only the Council may consider demands to dissolve Parliament. The Council has the right to dissolve the Parliament based on the Supreme Values of Asgardia. The dissolution of Parliament requires a three-fourths (3/4), super-majority, vote of The Council members and approval from the Head of State.

§ 13. When the Parliament is dissolved, there must be a general election of members within forty (40) Earth-days from the date of dissolution, and the Parliament must be convoked within thirty (30) Earth-days from the date of the election.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:36 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 04:00 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

Article 34. Parliament

§ 1. Parliament is a unicameral legislature which represents all Asgardian citizens.

§ 2. The term of office of members of the Parliament shall be six (6) Earth-years. Parliament seats shall be up for election on a six (6) Earth-year cadence, with only half of the seats of Parliament to be elected at any one time.

§ 3. Parliament members must be at least twenty-five (25) Earth-years of age and a Citizen of Asgardia.

§ 4. The Parliament is directly elected from Citizens that submit their candidacy to The Council and directly voted for by citizen elections.

§ 5. The status of members of Parliament, procedure for forming and organizing the work of Parliament, nominating, electing, and recalling candidates is set by the Constitution and the Law of Asgardia. Parliament adopts rules to regulate internal administrative matters.

§ 6. Deliberation in Parliamentary sessions shall be public. However, a closed meeting may be held where a majority of two-thirds (2/3) or more of those members present passes a resolution therein. Parliament shall keep a record of proceedings. This record shall be published and given general circulation, excepting such parts of proceedings of closed session as may be deemed to require secrecy. All open sessions of Parliament shall make votes of the members on any matter to be public record. Parliamentary sessions are held using video conferencing and other electronic systems which allow members to be identified and authenticated.

§ 7. Members of Parliament elect a Chairperson and his/her deputies from among Members of Parliament. Upon the acceptance of the Chairperson role, the former role shall be relinquished and open for immediate election of a new Parliament member.

§ 8. Parliamentary sessions may be held in person, remotely, or electronically.

§ 9. Parliament must confirm and ratify all treaties signed by the Head of State with a simple majority within six (6) Earth-months of the treaty’s signing.

§ 10. Upon return of any vetoed law by the Head of State, Parliament may still enact that law if a super-majority of three-fourths (3/4) of Parliament vote in favour of it.

§ 11. Parliament shall be housed by no more than one member for every 5,000 Citizens and no less than one member for every 10,000 Citizens. The Parliament may not be housed with less than 50 Parliament members.

§ 12. Except in cases provided by law, members of Parliament shall be exempt from apprehension while the Parliament is in session, and any members apprehended before the opening of the session shall be freed during the term of the session upon demand of the Council of Supreme Values.

§ 13. An ordinary session of the Parliament shall be convened once per Earth-year.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:36 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 04:01 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

§ 14. The Council may determine to convene extraordinary sessions of Parliament. When a quarter or more of the total members of Parliament makes the demand, The Council must agree to such convocation.

§ 15. The Parliament’s powers include:

 a. adopting Asgardian law;

 b. appointing the Chairman of Parliament, Prosecutor General, Chairman of the National Bank, Court Justices on the proposal of the Council of Supreme Values;

 c. appointing and removing ministers from post on the proposal of the Chairman of the Government;

 d. appointing and removing National Audit Office auditors from post;

 e. calling elections for Head of State;

 f. deciding on resignation of the government and individual ministers;

 g. approving Head of State decisions to declare a state of emergency;

 h. calling referenda;

 i. holding parliamentary hearings and investigations, including summoning representatives of state bodies.

§ 16. Parliament issues resolutions on matters within its purview pursuant to the Constitution and the Law of Asgardia. The procedure for Parliament adopting Asgardian laws and responsibility for violation of this procedure are set by the Law.

§ 17. Asgardian law will establish taxes, duties, imposts, and excises to pay the debts and provide for the common defence and general welfare of Asgardia.

§ 18. Business cannot be transacted in Parliament unless one-third (1/3) or more of total membership is present. All matters shall be decided by a majority of those present, except as elsewhere provided in the Constitution, and, in case of a tie, the presiding officer shall decide the issue.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:36 UTC, Total number of edits: 2 times

May 26, 17 / Can 06, 01 04:02 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

Article 35. Government and Ministries

§ 1. Asgardia’s supreme state Legislative body is the Government.

§ 2. The Government is a collective body which comprises the Chairman of the Government, his/her deputies and ministers. The Government may hold meetings in person, remotely, or electronically.

§ 3. The system of the state’s executive bodies comprises 11 ministries.

§ 4. The Chairman of the Government is appointed by Parliament on the proposal of the Council of Supreme Values on agreement with the Head of State. Candidates for minister are nominated by the Chairman of the Government and approved by Parliament. Ministers may be Asgardian Citizens aged thirty-five (35) or older, who have a degree, qualifications, and professional experience in relevant area and the physical and mental health to perform the duties of a minister. Members of Parliament who have a private business must put it into blind-trust management for the duration of their Government position to avoid a conflict of interest, on agreement with the Chairman of the Government.

§ 5. The Chairman of the Government sets priority areas for the Government and organizes its work in accordance with the Constitution, the Law of Asgardia, and Head of State decrees.

§ 6. The procedure for forming and organizing the work of the Government is set by the Constitution and the Law of Asgardia.

§ 7. The Government’s powers include:

 a. implementing and defending the Constitution, international treaties, laws, and Head of State decrees;

 b. developing and submitting draft bills to Parliament;

 c. developing and submitting draft budgets to Parliament and ensuring their implementation;

 d. controlling implementation of Government resolutions and other acts of state executive bodies;

 e. ensuring that national sovereignty is maintained and protected;

 f. ensuring national security and the security of its citizens;

 g. foreign relations;

 h. managing the national debt;

 i. organizing a system for information support for state administration and statistical monitoring;

 j. providing a scientific basis for the actions of the executive, developing administrative decisions, plans, forecasts and state development programs, and forecasting the consequences of planned decisions;

 k. monitoring social processes and interacting with citizens;

 l. controlling the work of state executive bodies;

 m. ensuring the rule of law, protecting the rights and obligations of citizens, and maintaining public order;

 n. organizing a system to train staff for the civil service and creating a succession pool;

§ 8. Asgardia has exclusive legislative rights in all financial matters. All Asgardia revenue and expenditure must be included in the budget, which must be balanced. Meeting the needs of Asgardia’s state administrative bodies and state-owned enterprises must not overload taxpayers and must ensure uniformity of living conditions in the Nation.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:37 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 04:02 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

§ 9. If the budget for the following fiscal year is not approved by law before the end of the fiscal year, prior to it becoming effective, the Government may conduct spending required to:

 a. maintain the institutions set by the law and implement measures set by the law;

 b. perform Asgardia’s legal obligations;

 c. continue other work and services if the budget for the previous fiscal year approved these amounts.

§ 10. The Government issues resolutions within its purview in accordance with, and for the performance of, the Constitution, international treaties, Head of State decrees, acts of the Council of Supreme Values, and the law.

§ 11. The Ministries of Government are:

 a. Ministry of Information and Communication

 b. Ministry of Justice

 c. Ministry of Science

 d. Ministry of Citizenship

 e. Ministry of Foreign Affairs

 f. Ministry of Finance

 g. Ministry of Trade and Commerce

 h. Ministry of Youth and Education

 i. Ministry of Safety and Security

 j. Ministry of Equity and Resources

 k. Ministry of Administrative Affairs

§ 2. Each Ministry Chairperson must be at least thirty-five (35) Earth-years of age, possess a professional certification in law and/or science, and be a Citizen of Asgardia.

§ 3. Ministry Chairpersons are appointed by the Head of State in accordance to this Constitution and the law of Asgardia.

§ 4. Ministry staff shall be the purview the Ministry Chairperson, except that staff must hold a professional certification in the domain of that Ministry.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:37 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 04:03 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

Article 36. Decision-Making and Implementation 

§ 1. The Head of State sets the priorities for domestic and foreign policy by making annual and extraordinary addresses to Asgardian citizens at in-person and remote meetings of representatives of the supreme state bodies of Asgardia and issuing other decrees within his/her purview. The Head of State’s addresses serve as the document used to plan the country’s domestic and foreign policy for the upcoming Earth-year and beyond with the aim of performing Asgardia’s mission. The Head of State’s address is binding for all Asgardian state bodies and officials.

§ 2. Asgardian laws, plans, and state development programs are developed and adopted in accordance with the Head of State’s address to implement the Constitution and perform Asgardia’s mission. Asgardia’s laws regulate key social relations.

§ 3. Asgardian citizens may initiate the making of government administrative decisions and participate in their preparation by means of electronic voting (right to propose legislation) in accordance with the law.

§ 4. To ensure implementation of Asgardian law, the Government and its ministries and other state bodies issue statutory instruments.

§ 5. Asgardian state bodies monitor the practical application of adopted/issued acts to improve legal acts within their purview. Monitoring and supervision of the implementation of adopted/issued legal acts is performed by Asgardia’s supervisory authorities and also by Asgardian citizens using the mechanisms for public monitoring by means of electronic voting.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:37 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 04:03 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

Article 37. Judiciary

§ 1. Justice in Asgardia is only administered in court.

§ 2. The terms “The Court,” “Court of Justice,” and “Justice Court” are synonymous.

§ 3. The judiciary in Asgardia takes the form of the Court of Justice, comprising a presidium and four (4) panels for constitutional, civil, administrative, and criminal proceedings.

§ 4. The Court is headed by the Supreme Justice who is appointed by the Head of State. Court Justices are appointed by Parliament on the proposal of the Council of Supreme Values. The term of appointment is no more than fifteen (15) Earth-years.

§ 5. The Presidium of the Court is comprised of nine (9) Justices. The Presidium of the Court is chaired by the Supreme Justice.

§ 6. Justices may be Asgardian citizens aged at least thirty-five (35) Earth-years, hold a degree in law, and experience of working in the legal profession for at least five (5) Earth-years. The law may set additional requirements in respect of Justices.

§ 7. The purview, composition of panels, and procedure for forming and organising the work of the Court are set by the law.

§ 8. The Supreme Justice organises the work of the Court, sets the Court's internal code of conduct, calls and chairs meetings of the court’s Presidium, and performs other duties in accordance with the law.

§ 9. Court hearings may be held in person or using video conferencing and other electronic systems which allow participants to be identified and authenticated.

§ 10. The Court is funded exclusively through the national budget in accordance with the Law of Asgardia.

§ 11. Adherence to Court rulings are mandatory for Asgardian citizens and all state bodies. 

§ 12. The death penalty is prohibited in Asgardia.

§ 13. All defendants shall be permitted full opportunity to examine all evidence and witnesses without prejudice. At all times, defendants shall have the right to competent counsel. In the event a defendant cannot obtain competent council by his/her own efforts the state shall appoint counsel for his/her use.

§ 14. In cases involving criminality, as defined by Asgardian law, the defendant shall enjoy the right to a timely and public trial. The trial shall be carried out by an impartial, competent judge, and a jury of one's peers.

§ 15. No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he/she has been acquitted, nor shall he/she be placed in double jeopardy.

§ 16. Any person, in case he/she is acquitted after he/she has been arrested or detained, may sue the State for redress as provided by law.

§ 17. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land, space, or naval forces, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

§ 18. Citizens have the right to appeal decisions handed down at trial by the process defined in the Law of Asgardia.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:37 UTC, Total number of edits: 1 time

May 26, 17 / Can 06, 01 04:04 UTC

[Below is my proposed replacement for the Original Draft presented by Asgardia.Space for the community. It’s based heavily upon the original document with significant changes to Government structure. Where possible, I attempted to not deviate from the structure/layout of the original document. The full text can be found here: https://github.com/lorezyra/Asgardia.Government/blob/master/Asgardia.Constitution.Proposal.txt ]

Article 38. Prosecutor’s Office

§ 1. The Prosecutor’s office is a division of the Court of Justice.

§ 2. The prosecutor’s office monitors compliance of acts within state bodies and citizens on behalf of Asgardia. In the case of non-compliance, the prosecutor is responsible for presenting the case on behalf of Asgardia according to the law.

§ 3. The prosecutor’s office is appointed and removed by the Parliament.

§ 4. The prosecutor’s office is composed of the Prosecutor General and his/her deputies as needed. Appointment to the position of deputy is made by the Prosecutor General.

§ 5. The Prosecutor General is appointed for a term of no more than seven (7) Earth-years.

§ 6. Citizens appointed to the prosecutor’s office must be thirty-five (35) Earth-years of age or older, hold a degree in law, and have previous work within the justice system.



Article 39. National Audit Office

§ 1. The National Audit Office (NAO) is a division of the Council of Supreme Values.

§ 2. The NAO is responsible for auditing central government departments, government agencies, and non-departmental public bodies. The NAO is also responsible to carry out Value for Money audits into the administration of public policy financing.

§ 3. It is the responsibility of the NAO to publish the results of audits for information to citizens and Parliament before Parliament votes on policies involving public finance.

§ 4. The NAO is comprised of an Auditor General and deputy auditors as needed.

§ 5. Appointments to and removal from the NAO are carried out by the Council of Supreme Values.

§ 6. Appointment to the position of Auditor General are made for a maximum of a five (5) Earth-year term.

§ 7. Appointment to the position of deputy auditor in the NAO must be approved by Parliament.

§ 8. Citizens appointed to the NAO must have a degree in business or commerce and have worked in financial control or auditing for large projects within the general public or private business community.

  Last edited by:  Richie Bartlett (Asgardian)  on May 27, 17 / Can 07, 01 04:38 UTC, Total number of edits: 1 time