May 26, 17 / Can 06, 01 03:57 UTC
Asgardia.Constitution.Proposal.txt - Democratic Technocracy – Chapter 8 ¶
[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.”