In this post I will discuss the government structure I have in mind for New Europe.
This part will focus on the structure of government on the national level and the role and structure of provincial government, which will likely mirror that of the national government, except where this is superfluous.
The points I’d like to discuss in this post can be summarized as follows:
- National government structure and its procedures
- Executive branch
- Legislative branch
- Judicial branch
- Provincial government structure, its reach and its limits.
National government structure and its procedures
To me government should be minimalist where possible, leaving the initiative to the common man. The main reason for government to interfere in the goings on of the individual is to make sure that the greater good is served. A prime example is the environment. The use of natural resources and waste management are topics on which the interests of the individual conflict with the interests of us all. The greater good should prevail in these instances, and in my mind this is what government is for. I will discuss on the role of government in policy and the relation to the individual more in-depth in later parts. This part will focus on the outlay of government and its core functioning bodies.
The role of the government at the national level is to set the general direction of state affairs and overall government policy. As well as the law in terms of criminal matters and vice laws. There can be no variations on what is a crime from province to province. Every citizen should be able to travel freely and settle as he or she pleases, and the laws should be on an equal footing throughout NE.
The necessity of laicite
Throughout the government, there should be no place for religious influences, as all creeds should have a place in our society. More on this in the later part which deals with cultural policies. For now a position of strict laicite should be assumed throughout the ranks of government. In my mind this strict separation between state and religion is the only way one can have fair and unbiased government.
sortition
Some of the officers should be assigned by a limited form of sortition. The scheme I’m proposing involves a pool of qualified candidates. They don’t necessarily should have subject matter knowledge for the position they apply for, but they should demonstrate aptitude for quickly picking up the subject matter, for instance by passing and IQ and learning aptitude test. They should also pass a basic sanity test, which should be independently administered and should be based on a peer reviewed scientific process.
I believe it is a fairer way of getting the right people to the offices of government, especially if you keep out the idiots by a basic IQ test and a scan for mental diseases such as psychopathy. (which can be determined through a MRI scan of the brain) Of course, any abuse of powers can always be sorted out by a competent court.
Executive branch
The role of the executive branch is to make sure that the ideas of the legislative branch are executed. It should also have the right to propose new laws. It’s offices should be mandated by law, as set by the legislative branch. The officers at the highest levels should be picked by lot. The civil servants whom answer to this offices cannot be fired in a direct manner, but can be put up for review by a review by a panel of judges of the governmental branch. To be eligible, an officer should pass a general test of competency. Competency tests should be fair and balanced. Its rules should be part of the constitution of New Europe.
Head of state
The only exception to sortition is the head of state. This person should be elected by a nationwide majority vote. He is the representative for the executive branch in the legislative branch, but can demand that a top level officer support him in his duties for the specific policy area he wishes support for. He is the day to day overseer of the executive branch.
Independent parts of the executive branch:
National bank
The role of the national bank is to ensure that monetary policy is administered properly. it should be:
- completely independently governed (no answering to the president)
- not for profit
- aim for economic stability through the control of inflation
However, this is not price inflation we’re talking about, but the money supply. No masking crises by turning on the presses.
Besides this, it also holds the total tax revenue. It is made available to government agencies based on the budget as approved by congress. It has accounts for each individual agency, as well as for each provincial executive branch.
Bureau of statistics and planing
The role of the bureau of statistics and planning is to measure the state of society for the legislative branch.In addition it should provide forecasts for the impact of proposed laws and budgetary measures. To ensure a lower chance of corruption it should be independent and have guaranteed funding.
Government Office of Accounting
Just like the role of the bureau of statistics and planning is to measure the state of society for the legislative branch, government should be checked by a government accounting office. Their yearly report should be a mandatory item for discussion by both chambers of congress.
Ombudsman
The role of the office of the ombudsman is essential. He or she should have the right to put items on the agenda of the legislative branch. It is the only non governmental office which should be chosen by voters. The ombudsman can have no political affiliation.
Tax office
Taxes should be collected at the national level, but involve a system based on mixed national and state taxes. The tax office should therefore be independent. I will elaborate on this more in a later chapter in the series.
Legislative branch
bicameral mix of local and national
The Senate: a representative from each province
For each province, the people can elect senators to represent their local interests at the national level. Each senator will serve for 3 years. Each party may only nominate one candidate. Independents can also run. The top 3 are then elected as senators. This ensures that minority votes do get a say in the politics of the nation. 3 parties will break the two party stronghold in systems like those in the UK and USA. More likely than not, the 3rd party will always be different, and this ensures plurality. The speaker of the house will then be chosen from by the senate itself. Since a 3 party system will never achieve majority, this should ensure a vote on who has the most suitable character as a speaker, rather than party politics. The forum for the senate will be digital in nature. This should enable the senators to remain connected to their constituency more than if they were all to reside in some capital. Voting should be done on a quantum encrypted platform.
The National Assembly: list of candidates from all the nation
In addition to the senate, a general assembly should be chosen. The role of the assembly is to oversee the national aspects of the legislative processes.This is a chamber of fixed size of 250 members. Anyone can apply to be listed on the ballot and the ballot is nationwide. This is to balance the regional role of the senate.
General rules for debate in the legislative branch
for the orderly conduct of debate, a set of rules should be established for the activities of the congress.
Quorum
For voting on legislation, a quorum exists if 50%+1 vote of the respective chamber participate in a vote.
Limited speaking time
In order to prevent filibustering, there should be no handing over of speaking time to other representatives, unless voted by majority of representatives present in the debate.
The speaking time is limited to one hour for the initiator of the debate and to 15 minutes for up to 10 responses to the initiation speech, one per party/faction. Of course, interruptions are allowed at all times, but limited to speech pertaining directly to the matter at hand, without any irrelevant noise.
Right to interrupt.
Interruptions can happen at any time in any debate but should last at most one minute. at most one extension can be granted by the speaker.
Agenda rights
The agenda is set by the speaker. However, every representative can petition their respective chamber to put an item on the agenda. Items put up by the ombudsman and executive branch are mandatory for the chamber to discuss.
Right to enforce public consultation
The public has the right to enforce a public consultation (referendum) if 5% of the electorate petitions to such a referendum through the collection of signatures in the running year. (stale signatures will expire, but there’s no set deadline to meet per se)
The referendum is legally binding if there is a turnout of more than 51% of the electorate.
Judicial branch
The minimum age for a judge is 35, to ensure enough life experience has been gained. Laymen should be allowed to become judges, but they do have to be trained in the basics of the law if hired. (equivalent to Bachelors degree in law, specialized for judges) Judges should be evaluated based on a review based on a peer review system in order to determine seniority.
three main branches I’d like to see 3 main branches:
- Criminal
- Governmental
- Civil
Each branch should have an entry level chamber and an appeals court. The verdict of the appeals court is final.
Besides this, there should be a special court, the supreme court.
The role of the supreme court is to solve cases between the branches of government and questions surrounding the legality of laws and policies from anyone who applies for a case. Cases can be rejected/vetoed if deemed superfluous or frivolous.
The public has the right to overthrow this veto by referendum, if signatures of 5% of the electorate can be brought to bare within a year of the ruling.
The board of judges should consist of one judge from every province. They should be picked by lot for each case, thus ensuring an even workload and fair judging.
office of public attorney
An independent office of public attorney should be established. The pool of officers should be picked by lot for a term of 5 years. It is their role to
Provincial government
Provincial government, even more than national government is about making sure things are running the way they should. Each province is free to organise in the way they see fit, as long as they meet the following constitutionally mandatory items:
- There is the possibility of free election of senators to the national senate as described above.
- Trias politica is implemented fully. (e.g. separate and independent executive, legislative and judicial branches with clearly and generally mutually exclusive bills of rights/taskings)
- An independent system of courts exists for governmental, civil and criminal cases at a provincial level.
- The electorate has a right to call for a referendum on any topic.
The division of responsibilities
There are a number of things which lie within the realm of the provincial government, and other which are strictly state affairs. I will discuss these here.
For everything other than nationally planned infrastructure projects and national laws and policies (Which are by their nature more general in their scope and reach), the provinces are sovereign in their planning of the public space.
Provinces are free to maintain their own economic policies, as long as their spending allows for it. Given that they can’t issue bonds themselves, this space is limited to the tax income they get as a return on general taxation. (more on this in the chapter on taxation)
No power of treaty (IUS TRACTATUUM)
Although less formal manners of cooperation with other entities outside the nation should be encouraged, provinces do not have the power of treaty. This is to prevent provinces acting like countries and forming problematic relations with other nations.
final note:
A few offices and branches are marked as ‘independently funded’. With this I mean that it is paid by a fixed allotment of total tax income, only to be changed with approval of the public by referendum. This is to ensure that any changes are approved by the public as a whole.
This is part 3 in a series of blog posts on a new way forward for Europe.
Click here for part 1
Click here for part 2
Click here for part 4