[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 40. Law Enforcement

§ 1. Law enforcement is a division of the supervisory branch.

§ 2. Law enforcement authorities (Security Services) ensure national security and the security of citizens, rule of law and law and order, fight crime and other offences, and defend the rights and freedoms of Asgardian citizens.

§ 3. To ensure the security of Asgardian citizens living in Earth nation states, Asgardian security services shall work with the security services of the countries in which they permanently reside on the basis of bilateral and multilateral treaties.

§ 4. The procedure for forming and staffing security services, their operating principles and areas, powers, resources, and means, as well as the procedure for monitoring and oversight of their work, are set by the law.

§ 5. No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he/she is apprehended while the offense is being committed.

§ 6. No person shall be arrested or detained without being at once informed of the charges against him/her or without the immediate privilege of counsel; nor shall he/she be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his/her presence and the presence of his/her counsel.

§ 7. The infliction of torture by any public officer and cruel punishments are absolutely forbidden.

[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 9. ADOPTION AND AMENDMENT OF THE CONSTITUTION

Article 41. Adoption of the Constitution

Asgardia’s Constitution is adopted by means of a referendum. A period of two (2) Earth-days shall be allowed for the collection of all votes.

Article 42. Quorum for Adoption of the Constitution

Asgardia’s Constitution is adopted with a super-majority vote of three-fourths (3/4) of registered citizens.

Article 43. Amendment of the Constitution

Asgardia’s Constitution may be amended by means of a referendum. However, this article of amendment of the Constitution is unchangeable and cannot be voided nor limited by any law, decree, or other amendment.

Article 44. Procedure for Amendment of the Constitution

Proposals on amending the Constitution may be made by a citizen, the Head of State, Parliament, and the Council of Supreme Values in accordance with the Law of Asgardia. All proposed amendments must be ratified by the Council of Supreme Values. No proposed amendment shall be made to the constitution until a two-thirds (2/3) majority of parliament vote in favour of the proposal.

[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 10. TRANSITIONAL AND FINAL PROVISIONS

Article 45. First Constitution

The first Constitution of Asgardia will be put to a referendum by Igor Ashurbeyli, proclaimed the Head of Nation on 20/Jan/2017 by Decree #1. The referendum on adopting the first Asgardian Constitution is open for voting to persons over the age of sixteen (16) who have submitted their personal data via the Internet and agree to the terms and conditions published on the https://asgardia.space website. These persons are considered Asgardian citizens on a preferential basis until the adoption of the law on citizenship of Asgardia and will retain this status subsequently if desired.

Article 46. 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. 

Article 47. Special Procedure for the Election of a New Head of State

In the event the Head of Nation declines to become the Head of State, the subsequent Head of State may be any Asgardian Citizen that submits his/her candidacy and qualifications to the special committee appointed by the Head of Nation for consideration. The special committee of no more than seven (7) members shall confirm the qualifications and, upon committee approval, shall present the Candidates to the public for a final vote within thirty (30) Earth-days. There will be a maximum of five (5) candidates. The general election shall commence upon presentation of the candidates. Citizen votes shall be collected over a period of forty-eigth (48) Earth-hours and the candidate with the most votes shall be the next Head of State. In the event that two (2) or more Candidates have the same number of votes, the former Head of Nation shall cast the tie-breaker vote.

Article 48. Special Rights of the Head of State before the Election of Parliament and Formation of the Government of Asgardia

In the absence of Asgardian laws and for the purposes of implementing the provisions of the Constitution before the election of Parliament and formation of the Government of Asgardia, the Head of State may issue decrees which remain in force until appropriate laws are adopted. All decrees will be reviewed by the Council of Supreme Values and the Court of Justice. Any decree may be revoked by the Council of Supreme Values and the Court of Justice, provided that a two-thirds (2/3) majority stand in agreement from both state bodies.

Article 49. Deadline for the Election of Parliament 

Elections for members of Parliament are called no later than six (6) Earth-months after the adoption of the Constitution. The procedure for holding the first elections is set by a decree of the Head of State in accordance with the Constitution. The law on subsequent elections of members of Parliament is adopted after Parliament is formed.

Article 50. Deadline for Forming the Government of Asgardia

The Government is formed no later than six (6) Earth-months after the election of Asgardia’s Parliament in accordance with the Constitution and the law. Until a Government is formed, the duties of the Government are performed by the Head of State and his/her Administration.

Article 51. Effectiveness of the Constitution

The Constitution of Asgardia becomes effective on the day of its official publication at https://asgardia.space on the basis of the results from the referendum of 18 June 2017.

If you were given only these choices and had to vote today, which Constitution would you be most comfortable to live under?

•   Asgardia.Space - Constitutional Monarchy
•   Asgardia.Constitution.Proposal.txt - Democratic Technocracy 
•   The Skieswanne Constitution - Parliamentary System

Please select your choice and discuss your motivations for your choice.

>> See live poll now<<  Which Constitution would you want, if you had to choose today? 

Great work, LoreZyra. I agree mostly with your entire proposal (i will reread it later).

Also we should recognize such outstanding contribution later by awarding the honor of a "Freeman of Asgardia" to people like LoreZyra when their contribution were successfully and mostly intentional implemented. I suggest to propose him to a Freeman of Asgardia when those contributions are merged and the voting was successful and we do receive our citizenships. Not just to honor work but to honor dedication, intentions and true identification with a Space Nation.

Edit: LoreZyra added to the list of Citizens - https://asgardia.space/en/forum/forum/embassies-69/topic/honorary-citizenship-honorary-ambassadors-2033/?post=24191#24191

I'll elaborate more on some other thoughts when I have more time, but my first and most important critique is on the age requirements. Fifty is far to old to be a minimum age requirement. It needs to be closer to thirty for parliament and forty for head of state. 

G'day fellow Asgardians,

Like LoreZyre, I also subscribe to the school of thought that a modern state is far better served by a democratic technocracy that a constitutional monarchy. But what does a democratic technocracy look like? As far as I am aware, such a state does not yet exist. However, LoreZyre as presented a very compelling version. Allow me to present a slightly different flavour.

Given the crazy time limits for consultation, this is by no means perfect or the complete solution. I am not a constitutional lawyer. I'm sure there are spelling, formatting and consistency errors. I'm sure there are omissions. But I think this draft is at the point where it conveys my thinking. I've only focused on the areas of the draft constitution that deals with the system of government as, lets face it, if you mess that part up the rest of the constitution is pretty much useless to the functioning of a state.

• I've put this together with some key principles in mind:
  • - To provide a government that reflects and facilitates the core values of Asgardia.
  • - To ensure the proper separation of powers.
  • - To have the operation of government be based on consensus as opposed to partisan politics.
  • - To provide the opportunity for the populace to be directly involved in the political process.
  • - To provide an effective and efficient means of governance to the populace.
  • - To provide a scalable means of government that serves the populace from its current number to potentially many millions of people.
  • - To provide a means of government that can operate digitally and over vast distances.

I sincerely hope that all the feedback from the community is at least read and considered, if for nothing else, out of respect for the time and effort people have spent reviewing the draft constitution. I equally hope that the consultation used here is not a "we'll tell you what we want to do... and then we'll do it" type of consultation. If that is the case, i suspect I will not be alone in running a loud "vote no" campaign.

If there is to be a currency it should be based on blockchain technology.  There could be an Initial Coin Offering (ICO) as a way of raising funds, which may reduce or eliminate the need for taxation if mining of new coins somehow went to central treasury.  

To make a larger point, this constitution is not particularly visionary.  To the contrary, it embraces old technology with the idea of a monarchy, which comes from a primitive class-based society.  I believe this constitution needs to be rejected in favor of something more visionary, at least modern.  Also, the really high age limits make no sense.  

I am fully satisfied with the draft of Asgardia's Constitution . It should be applied very soon . Asgardians will run towards progress accordingly .

"Protean" says that "Makes me wonder how much got lost in translation from Russian into other languages."

But the initial version of constitution was on English! And after a while it was translated on Russian. Difference between Russian and English version also very big and many things can be easily misinterpreted.

P.S. I agree with  "guzlomi" that Asgardia looks like a toy for its foundation father.

With all the due respect to @LoreZyra and his wonderful work (which I'm still reading), if the times given for the Constitution's review are bound to current limits (28 may), I've to agree to @guzlomi: no way to take place into some monarch's private toy.

@LoreZyra: I'm sure you did a good work, even if I only started reading it (and, once again, I'm not a lawyer so my opinion is not that much) but the main concern is: have we time to review the proposed Constitution's draft, even your one? I doubt. (I'm discussing it even into italian's chapter).

At the time my vote for the "main" proposal is NO.
Having time to read and write something to your's one, is "maybe".
Worth noticing italian's constitution took one year and a half to be proposed, reviewed and approved, not ten days. This too short time is giving @guzlomi's words the right meaning: personal toy.
It seems that, for some (unspeakable) reason, our Head of Nation is in hurry.

Queridos hermanos asgardianos: creo no equivocarme al pensar que todos tenemos unos objetivos comunes: dar esperanza, conocimiento, paz (terrenal, espacial y espiritual), entre otras cosas, a los seres humanos, más allá de viajes espaciales y demás ciencia ficción, que a día de hoy, no deja de ser una quimera. Esta constitución entra dentro de la ciencia ficción... Una vez leída, parece más la constitución del emperador Palpatine o de una película de serie B. No sé quienes la han redactado, pero si estas personas son las que quieren dirigir los designios de Asgardia, me parece que no empezamos nada bien. Hay tantos puntos confusos y subjetivos cuya interpretación puede desembocar en una peligrosa dictadura... La inmunidad no trae más que corrupción y abuso por parte de esas personas, donde solo vale su palabra y sus deseos. Ahora mismo tiene la misma seriedad que el resto de micronaciones que existen en internet... las cuales no interesan a nadie... ¿por que habría de interesar a ONU y resto de los países del mundo el reconocimiento de Asgardia? La constitución ya está redactada y no se va a cambiar, como el lema y demás cosas que ya estarán decididas por los "padres de la patria", da igual las sugerencias... esto no pinta bien... además, si no la ratificas ya no eres buen ciudadano (¿alguien ha visto Starship Troopers?)

Dear Asgardian brothers, I think that I am not mistaken in thinking that we all have common goals: to give hope, knowledge, peace (earthly, spatial and spiritual), among other things, to human beings, beyond space travel and other science fiction, To this day, it is still a chimera. This constitution enters into science fiction ... Once read, it seems more the constitution of the emperor Palpatine or a film of series B. I do not know who have written it, but if these people are those who want to direct the designs of Asgardia , I do not think we started at all well. There are so many confusing and subjective points whose interpretation can lead to a dangerous dictatorship ... Immunity brings nothing but corruption and abuse on the part of those people, where only their word and their desires are worth. Right now it has the same seriousness as the other micronations that exist on the internet ... which are of no interest to anyone ... why should the United Nations and other countries of the world be interested in recognizing Asgardia? The constitution is already written and will not change, as the motto and other things that will be decided by the "parents of the motherland", it does not matter the suggestions ... this does not look good ... in addition, if not the Ratificas you are no longer a good citizen (has anyone seen Starship Troopers?)

Good job LoreZyra... maybe you should create the second space nation... your constitution is better...

A lot of person' are expressing concerns that the constitution is not ready for submission. In comparison with existing modern or ancient constitutions, the quality is uneven. I only read half of the document. There's problem in regards to separation of powers, constitution being precise while you need it to be abstract, etc. The problem with the Head Of State is also to be noted down. 

The process of creating a constitution is not something you can do on your spare time. The more complex is the constitution, the more intense the debate must be. And we're talking about a constitution comprehending citizens or subjects from hundreds of countries. You can't rush the damn thing. 

@Andre Ratel

Man all the discussion with the Lena Answers is gone!!!

WTF, theres not even here more the member who have initiated the discussion, the member and the topic is gone....