This is an update of the previous Gubernatorial Sortitionist Constitution. It is also built on a non-sortitionist gubernatorial constitution that was done as an exercise for NSW. Main change in this version is that members of the citizenry body can resign to the Governor.
Definitions elector is an individual above the age of seventeen.
Citizen's Council is the assembled body of the Citizenry.
sortititonist is an individual chosen by lot. Executive The executive shall, subject to the provisions in this constitution, have the power to execute the laws of the Legislative. Executive power shall be vested in the Governor, who shall be elected by electors, and hold office for the term of four years with a maximum of two terms. Judges, ministers and officials of the executive shall be appointed by the Governor upon the advice and consent of the Legislature. No judge, minister or official may concurrently be a member of the executive and another branch of government. Ministers and officials of the executive shall hold office during the Governor's pleasure. The Governor, upon a resolution adopted with a supporting vote of two-thirds of the Legislative's members, and a supporting vote of two-thirds of the Citizenry's sortititonists, may be removed on the grounds of; a serious violation of the constitution or the law; serious misconduct; or the inability to perform the function of office. In the event of the Governor's vacancy and until a new Governor is elected, the duties of the Governor shall be temporarily exercised in a caretaker capacity by the Speaker, who shall be prohibited from presiding or voting in the Legislature while performing such duties. A ballot for the election of a new Governor shall be held not less than twenty days and not more than thirty-five days after the beginning of the Governor's vacancy. The Governor may refuse assent on a bill through veto; by returning the bill to the Legislature with written objection. Legislative The Legislature, as a unicameral body, shall, subject to the provisions in this constitution, have power to make laws for peace, welfare and good government. Every bill shall be presented to the Governor after passage through the Legislature with a majority. Bills shall become an act of legislature when assented to by the Governor; unless the bill is vetoed, in which case, upon a supporting vote of two-thirds of the Legislative's members, the bill shall become an act of legislature. There shall be a session of the Legislature at the minimum of once in every calendar year such that a period of twelve months is the maximum between sessions. The Legislature shall be composed of members from electorates where each electorate contains five members. Members of the legislature shall hold their office for the term of two years and may serve a maximum of twelve terms. Members may resign as a member of the Legislative by hand-written memorandum to the Speaker. Upon receipt of resignation by the Speaker, the seat of the member shall be vacant. Upon a vacancy in the Legislature the next candidate in the vacant electorate, who is not currently a member, who has the highest number of votes from the electorate in the previous election, shall become a member of the Legislature. The Speaker shall be the presiding officer of the Legislature; and shall be elected by the Legislature, through a secret ballot, upon the first assembly after an election. The Speaker shall be recognized as the Legislature's independent and impartial representative. The Speaker shall preside at all meetings of the Legislature. Citizenry The Citizenry, subject to the provisions in this constitution, have power to establish, and conduct, committees of oversight into the Executive and Legislative; which may, upon discovery of improper conduct detrimental to good governance, recommend judicial commissions and the terms of such commissions, to the Legislature. The Citizenry may summon witnesses as before a court of law, and may delegate power to committees. There shall be a session of the Citizenry at the minimum of once in every calendar year such that a period of twelve months is the maximum between sessions. The Citizenry shall be composed of electors, chosen by sortition, and in size be no less than half, but no more than two-thirds, the number of members of the Legislative. The Citizenry shall serve a term of four years where half of the Citizen's Council is replaced every two years. No elector can serve consecutive terms in the Citizenry. Members may resign as a sortitionist of the Citizen's Council by hand-written memorandum to the Governor. Upon receipt of resignation by the Governor, the position of the sortitionist shall be vacant. Upon a vacancy in the Citizenry the next sortitionist in the term's draw shall become a sortitionist of the Citizenry in order to complete the vacant sortitionist's term. The First Citizen shall be the presiding officer of the Citizenry; and shall be elected by the Citizen's Council, through a secret ballot, upon the first assembly after a draw. The First Citizen shall be recognized as the Citizenry's independent and impartial representative. The First Citizen shall preside at all meetings of the Citizen's Council. Judicature The highest court is the Supreme Court which has the sole judicial authority to interpret the constitution. The relative status of any other court is to be determined by legislation. The Chief Justice shall be the office of the Master of the Supreme Court. The Chief Justice shall issue writs for election on the appropriate dates for the Executive and Legislature. The Chief Justice and other members of the Judicature shall make themselves avialable to consult with the Citizenry. Disqualification A Governor, Legislator or Chief Justice is disqualified from serving if: the person is concurrently a member of more than one branch of government; the person directly, or indirectly, himself, or by any person whatsoever in trust for him or for his use or benefit or on his account, undertakes, executes, holds, or enjoys in the whole or in part any contract or agreement for or on account of the Public Service; the person is bankrupt; convicted of an infamous crime carrying a term of greater than ten years; or convicted of tampering with the electoral system. Amendment An amendment to the constitution is passed if; a majority of electors voting approves; two-thirds of the Legislative's members approve; and the amendment has the signature of the Governor. Exclusions Exclusions from executive force and legislative intrusion cannot be reduced or suspended; by referendum; by emergency; or declaration of war. The Executive shall execute no law; the Legislative shall make no law; and the Judicature shall endorse no law; that: a. deprives an individual of life; or limits or deprives an individual's; liberty to express their beliefs, opinions or lifestyle; liberty of movement; liberty of association; or liberty of peaceful assembly or protest. b. detains an individual indefinitely without charge; limits or removes an individuals right to have counsel with them upon arrest or questioning; limits or removes an individuals right to a writ of habeous corpus upon detention; back-dates punitive measures for an offence; permits an individual to be detained for longer than six months without trial or resolution; enabling an individual to be tried for an offence more than once. c. limits or removes an individual's right to refuse law enforcement access to their property, or permission to search their person and property, unless there is a warrant issued to search specific property for evidence of a specific crime; limits or removes an individuals choice to divulge no information other than their identity, verbally, when under suspicion from law enforcement for a specific crime. d. limits, reduces or removes an individual's right to own property; deprives the individual of property, or devalues an individual's property without fair exchange or consent. e. on the basis of race, age, gender, sexual preference, wealth, health, religion, associations or prior criminal record; discriminates against an individual; limits or removes equal treatment under the law for an individual; limits or removes access to government services for an individual. f. disenfranchises an elector; denies an elector representation; denies an elector the ability to run for election; reduces or removes an individual the ability to petition their representatives for a redress of grievances. h. abolishes the secret ballot; criminalises, or outlaws a political party; removes access to the Public Service for parties with elected parliamentary members.
Citizen's Council is the assembled body of the Citizenry.
sortititonist is an individual chosen by lot. Executive The executive shall, subject to the provisions in this constitution, have the power to execute the laws of the Legislative. Executive power shall be vested in the Governor, who shall be elected by electors, and hold office for the term of four years with a maximum of two terms. Judges, ministers and officials of the executive shall be appointed by the Governor upon the advice and consent of the Legislature. No judge, minister or official may concurrently be a member of the executive and another branch of government. Ministers and officials of the executive shall hold office during the Governor's pleasure. The Governor, upon a resolution adopted with a supporting vote of two-thirds of the Legislative's members, and a supporting vote of two-thirds of the Citizenry's sortititonists, may be removed on the grounds of; a serious violation of the constitution or the law; serious misconduct; or the inability to perform the function of office. In the event of the Governor's vacancy and until a new Governor is elected, the duties of the Governor shall be temporarily exercised in a caretaker capacity by the Speaker, who shall be prohibited from presiding or voting in the Legislature while performing such duties. A ballot for the election of a new Governor shall be held not less than twenty days and not more than thirty-five days after the beginning of the Governor's vacancy. The Governor may refuse assent on a bill through veto; by returning the bill to the Legislature with written objection. Legislative The Legislature, as a unicameral body, shall, subject to the provisions in this constitution, have power to make laws for peace, welfare and good government. Every bill shall be presented to the Governor after passage through the Legislature with a majority. Bills shall become an act of legislature when assented to by the Governor; unless the bill is vetoed, in which case, upon a supporting vote of two-thirds of the Legislative's members, the bill shall become an act of legislature. There shall be a session of the Legislature at the minimum of once in every calendar year such that a period of twelve months is the maximum between sessions. The Legislature shall be composed of members from electorates where each electorate contains five members. Members of the legislature shall hold their office for the term of two years and may serve a maximum of twelve terms. Members may resign as a member of the Legislative by hand-written memorandum to the Speaker. Upon receipt of resignation by the Speaker, the seat of the member shall be vacant. Upon a vacancy in the Legislature the next candidate in the vacant electorate, who is not currently a member, who has the highest number of votes from the electorate in the previous election, shall become a member of the Legislature. The Speaker shall be the presiding officer of the Legislature; and shall be elected by the Legislature, through a secret ballot, upon the first assembly after an election. The Speaker shall be recognized as the Legislature's independent and impartial representative. The Speaker shall preside at all meetings of the Legislature. Citizenry The Citizenry, subject to the provisions in this constitution, have power to establish, and conduct, committees of oversight into the Executive and Legislative; which may, upon discovery of improper conduct detrimental to good governance, recommend judicial commissions and the terms of such commissions, to the Legislature. The Citizenry may summon witnesses as before a court of law, and may delegate power to committees. There shall be a session of the Citizenry at the minimum of once in every calendar year such that a period of twelve months is the maximum between sessions. The Citizenry shall be composed of electors, chosen by sortition, and in size be no less than half, but no more than two-thirds, the number of members of the Legislative. The Citizenry shall serve a term of four years where half of the Citizen's Council is replaced every two years. No elector can serve consecutive terms in the Citizenry. Members may resign as a sortitionist of the Citizen's Council by hand-written memorandum to the Governor. Upon receipt of resignation by the Governor, the position of the sortitionist shall be vacant. Upon a vacancy in the Citizenry the next sortitionist in the term's draw shall become a sortitionist of the Citizenry in order to complete the vacant sortitionist's term. The First Citizen shall be the presiding officer of the Citizenry; and shall be elected by the Citizen's Council, through a secret ballot, upon the first assembly after a draw. The First Citizen shall be recognized as the Citizenry's independent and impartial representative. The First Citizen shall preside at all meetings of the Citizen's Council. Judicature The highest court is the Supreme Court which has the sole judicial authority to interpret the constitution. The relative status of any other court is to be determined by legislation. The Chief Justice shall be the office of the Master of the Supreme Court. The Chief Justice shall issue writs for election on the appropriate dates for the Executive and Legislature. The Chief Justice and other members of the Judicature shall make themselves avialable to consult with the Citizenry. Disqualification A Governor, Legislator or Chief Justice is disqualified from serving if: the person is concurrently a member of more than one branch of government; the person directly, or indirectly, himself, or by any person whatsoever in trust for him or for his use or benefit or on his account, undertakes, executes, holds, or enjoys in the whole or in part any contract or agreement for or on account of the Public Service; the person is bankrupt; convicted of an infamous crime carrying a term of greater than ten years; or convicted of tampering with the electoral system. Amendment An amendment to the constitution is passed if; a majority of electors voting approves; two-thirds of the Legislative's members approve; and the amendment has the signature of the Governor. Exclusions Exclusions from executive force and legislative intrusion cannot be reduced or suspended; by referendum; by emergency; or declaration of war. The Executive shall execute no law; the Legislative shall make no law; and the Judicature shall endorse no law; that: a. deprives an individual of life; or limits or deprives an individual's; liberty to express their beliefs, opinions or lifestyle; liberty of movement; liberty of association; or liberty of peaceful assembly or protest. b. detains an individual indefinitely without charge; limits or removes an individuals right to have counsel with them upon arrest or questioning; limits or removes an individuals right to a writ of habeous corpus upon detention; back-dates punitive measures for an offence; permits an individual to be detained for longer than six months without trial or resolution; enabling an individual to be tried for an offence more than once. c. limits or removes an individual's right to refuse law enforcement access to their property, or permission to search their person and property, unless there is a warrant issued to search specific property for evidence of a specific crime; limits or removes an individuals choice to divulge no information other than their identity, verbally, when under suspicion from law enforcement for a specific crime. d. limits, reduces or removes an individual's right to own property; deprives the individual of property, or devalues an individual's property without fair exchange or consent. e. on the basis of race, age, gender, sexual preference, wealth, health, religion, associations or prior criminal record; discriminates against an individual; limits or removes equal treatment under the law for an individual; limits or removes access to government services for an individual. f. disenfranchises an elector; denies an elector representation; denies an elector the ability to run for election; reduces or removes an individual the ability to petition their representatives for a redress of grievances. h. abolishes the secret ballot; criminalises, or outlaws a political party; removes access to the Public Service for parties with elected parliamentary members.
