Constitution of The Republic
ARTICLE II: Form of government
H) Law Enforcement and Executive Organization
- The government shall, by law, establish administrations, ministries,
and agencies of such a type as to facilitate good government and
the expeditious execution of laws provided that each organization,
except the military, shall be organized similarly to the ministry
of justice/police described below in Section 4 through section 9 (II.H4-9), lead by an executive
administrator, to be styled "minister", that the ministers shall
comprise a national cabinet, and that each ministry, agency and part thereof
shall have a clear mandate as to its responsibilities and authority
in the law authorizing it.
- The Council shall have the power to override the decision of any
minister or the staff of any administration on any matter not
involving the Council or a member by majority vote providing that
the affirmative votes include the member who appointed that
executive, (if that member is still on the Council), or by a 2/3
majority if that member votes against the override or if 20 members
of Parlaiment, or the Prime Minister in conjunction with a majority
of the ministers, a 3% petition of citizens, or a 10% petition of
local cabinets, issue a formal protest of the override.
- The Republic Council or a petition of a majority of the ministers
may, at any time, dispatch the Prime Minister or his/her designee to
deliver a message to Parlaiment on execution of laws, the state of
the republic, inquiry as to status, or any other expedient matter,
and require his/her return with a response. Likewise, Parlaiment
may at any time summon the Prime Minister to deliver a message of
similar type to the Council with requirement of response.
- The Council shall provide for a uniform police force and prosecutor
throughout the republic, divided geographically into departments,
with oversight by the legislative and judicial branches and control
by the executive. Police officers shall be drawn with a special
preference for officers from the area of jurisdiction of the
department in which they serve.
- For each police department, the people of its area of jurisdiction
shall elect a chief prosecutor, who shall manage that department,
and to hire a local attorney to prosecute each specific case arising
from that department's enforcement activities which he/she deems
warrants prosecution. The Judiciary shall not interfere in the
prosecutorial discretion of any chief prosecutor.
- The chief prosecutor and the elected heads of local departments
of the other ministries shall, in the absence of a city charter
to the contrary, form a local cabinet, to govern and coordinate
the actions of the executive branch in their area of mutual
geographical jurisdiction with the advice and consent of the
citizen's advisory board. They shall also have standing to bring
claims in court against any ministry for violation of law, or this
constitution, have the power to petition for the appeal the decisions of ministries
to the Council, and such other powers as Parlaiment deems expedient.
- The citizen's advisory board of a locality shall convene once a
week on a set day of the week, and shall be open to all residents
of the area of jurisdiction of the local cabinet with the exception
of persons holding elective or appointed office. Any resident
signing in at more than half the meetings in a 6 month period shall
be deemed a member until they cease to be a resident, go 6 months
without attending, fail to attend more than 50% of the meetings
in a one year period, or are elected or appointed to government
office.
- At each meeting, the citizen's advisory board shall convene,
provide time for the circulation of petitions, solicitations to
join subcommittees and associations, etc., shall address any business
coming from the local cabinet or other citizens advisory boards, and
proceed to the items on the agenda. Any person in attendance may
speak in favor of or in opposition to any item(s), if no person
claims the time on either side, the item shall be tabled until
re-proposed. After all have been heard, any person with the second
of a member may move to continue the discussion on later, bring a
resolution, or such other action as may be appropriate. All persons
signed in may vote, majority rules. After any agenda business is
finished, any person present with the second of a member may place
any item on the agenda for the next week. Following the setting of
the agenda, the board shall dissolve into caucuses by party to
handle party business, if any. No issue resolved by a Citizen's
Advisory Board may be reconsidered for a period of 1 year.
- Each chief prosecutor shall report to the Ministry of Justice
which shall resolve all disputes between districts, re-assign cases
in case of conflict, insure the lawful and constitutional operation
of local police departments, provide resources for the sharing of
information, hire lawyers to try cases of national import, create
national standards, provide training facilities, administer benefit
plans, administer the prison system, provide resources to such
national subject matter departments and agencies as Parlaiment may
authorize, and to override local chief prosecutors upon the petition
of a number of other prosecutors, the citizen's advisory board or
city council of that locality, the people upon the receipt of a 3%
petition, or at the behest of the Council or Judiciary.
- Parlaiment nationally, and the judiciary locally or in any case
wherein a citizen files a complaint shall provide oversight of the
government to insure that all laws are faithfully executed in a
manner consistent with this constitution and the law.
- The Prime Minister shall adjudicate any dispute over jurisdiction
between national ministries before the cabinet when any minister files a
complaint, his/her ruling shall be appealable to the council if
the cabinet votes by a 3/5 majority to allow the appeal. Local
cabinets shall similarly adjudicate disputes finally by majority
vote with the advice and consent of the citizen's advisory board.
Copyright 2000 Jack Durst, Last modified 7/26/2000 12:35AM PDT