Post #74333
May 15, 2016, 01:21:05 AM
Honestly, I'd prefer absolute veto, but this attempts to meet those uncomfortable with the idea half-way. Once the constitution is set up, the interpretation of it is left up to Wintermoot, and Wintermoot alone, but it would be wise not to allow anything in it to be changed from one day to the next.
Thereby, Wintermoot gains considerable power to declare something unconstitutional, but he would ideally only use this power when something grossly violates the principles, tenets or spirit of the constitution.
This does still require considerable trust, I won't deny it, but really, by virtue of our continued stay here, and our freedom to debate things already, we already place a lot of trust in the founder and monarch's hands that he wouldn't use his site-given powers against us. I don't really see the point of pretending otherwise. We're free to do as we wish, but only because we're allowed to be so free. No words on paper guarantee our freedom of expression and continued stay.
EDIT: And yes, people's stay would be indefinite, unless they get recalled or kicked out by the assembly. There would ideally be no permanent ban from the assembly, but in one 3-month term (or 6 months, if we decide that's better) once you get kicked out or recalled, you either have to get elected again during the next elections, or the assembly needs to approve of your application to join again, or the monarch needs to appoint you again. Whichever comes first, if it comes at all.
What this does is (I hope) bridge the divide between too much freedom, and not enough, without the need for a post count or something similar. It is still no absolute deterrence or failsafe against those of impure intentions, but it is a bit more secure than a completely open assembly.
I should mention that I do see the clunkiness in not making the appointed and elected members two separate entities, but it's a bit unavoidable if we wish to ensure that there is enough of a deterrence against very bad decisions from the elected portion, and no power plays through democracy, while at the same time maintaining the balance so the appointed don't get to set up a tyranny of their own. By making it one chamber with a common purpose, my hope is that there are no divides between the elected and appointed people, and that they work united towards a shared and common goal. Unity is something I value, even when people have differences.
I also realise there exists a danger that this proposal tries to do too many things and keep too many people happy, and in effect make virtually no one happy because of it, but really, some sort of compromise is going to have to be made, even if this isn't it. At the very least, this keeps the discussion going, and presents the opportunity for other ideas to arise out of this one, and through the debate. I can't stress enough that the debate is incredibly important. Without criticism of this and other proposals, we'll never find a solution to the problem.
I should also mention that this proposal is a very bare-bones one by design. The details need to be worked out by all of us, as all of us would inevitably have to vote on it if we think it's the type of proposal we wish to have going into a ratification vote.