In an era marked by geopolitical tensions and the rise of authoritarian regimes, it is increasingly crucial to highlight and promote the principles of democratic governance. Featuring an example of a balanced constitution, grounded in Western and European democratic values, serves multiple important purposes:
Promoting Democratic Values
- Foundation of Justice and Equality: A balanced constitution upholds the rule of law, ensuring that all individuals are treated equally and justly. This is fundamental in protecting human rights and fostering a society where freedom and fairness prevail.
- Checks and Balances: Western and European democracies emphasize the separation of powers among the legislative, executive, and judicial branches. This system prevents the concentration of power, thus averting potential abuses and maintaining a stable governance structure.
- Citizen Participation: Democratic values prioritize the active participation of citizens in the political process. Constitutions that include provisions for direct democracy, such as referendums and popular initiatives, empower citizens to have a direct say in the governance of their country.
Learning from Historical Context
- Lessons from History: Western and European democracies have evolved through centuries of political thought and practical governance. Their constitutions reflect lessons learned from historical challenges, providing valuable insights into creating resilient and adaptable governance frameworks.
- Role Models for New Democracies: Countries transitioning from authoritarian rule to democracy can benefit significantly from established examples. By studying these constitutions, new democracies can adopt proven mechanisms that promote stability, economic growth, and social harmony.
Responding to Global Challenges
- Resilience Against Authoritarianism: In the face of possible conflicts with autocratic governments, liberated nations will need robust constitutions to build and sustain their democracies. A well-crafted constitution provides the legal and institutional framework necessary to resist authoritarian backsliding.
- Building Sustainable Democracies: Post-conflict nations often struggle with rebuilding their political systems. An exemplary constitution, based on democratic values, offers a blueprint for creating institutions that ensure long-term peace, stability, and development.
- Global Peace and Cooperation: Democracies tend to be more peaceful and cooperative in international relations. Promoting democratic constitutions contributes to global stability and fosters environments where international cooperation can thrive.
Conclusion
Featuring an example of a balanced constitution based on Western and European democratic values is not only educational but also essential in today’s global context. It serves as a beacon of hope and a practical guide for nations striving to establish or reinforce democratic governance. In the wake of potential wars and the liberation of countries from authoritarian rule, these nations will require robust, democratic constitutions to navigate their paths towards freedom and stability. By showcasing such examples, we contribute to the global endeavor of promoting democracy, justice, and peace.
Here is an example:
Preamble
We, the people of [Name of the Country], by our sovereign will, to establish justice, ensure peace at home, provide for the common defense, promote the general welfare, and secure the blessings of liberty, equality, and meritocracy for ourselves and our future generations, do ordain and establish this Constitution.
Bill of Rights
Article 1: Fundamental Rights and Freedoms
1.1. All individuals are equal before the law, without distinction of race, sex, religion, opinion, ethnic origin, sexual orientation, or other personal characteristics.
1.2. Every individual has the right to freedom of expression, association, and peaceful assembly.
1.3. Privacy and personal freedom are inviolable.
1.4. Freedom of religion and belief is guaranteed, as long as it does not infringe on the rights of others. Every individual also has the right to be non-religious or atheist. Not believing in a religion is allowed and preferred.
1.5. Legal rights, including the right to life, liberty, and personal security, are guaranteed.
1.6. Equality before the law and protection against discrimination are guaranteed.
1.7. Multiculturalism is recognized and valued.
1.8. Every individual has the right to due process of law, protection against unreasonable searches and seizures, and the right to a fair trial.
1.9. Freedom of speech, the press, and peaceful protest are guaranteed.
Legislative Branch
Article 2: Structure and Powers of Parliament
2.1. The Parliament consists of two chambers: the House of Deputies with 300 members and the Senate with 200 members, elected directly by the people.
2.2. Parliament enacts laws, approves the budget, oversees the executive branch, and ratifies international treaties.
2.3. The legislative process includes proposal, debate, amendment, and voting procedures clearly defined by parliamentary rules.
2.4. Qualifications for legislators include a minimum age of 25 for Deputies and 30 for Senators, citizenship, and completion of a political knowledge examination.
2.5. Terms for Deputies are 4 years, and terms for Senators are 6 years.
2.6. Parliament has the authority to levy taxes, allocate funds, and regulate commerce.
Executive Branch
Article 3: Powers and Responsibilities of the President
3.1. The President, elected directly by the people for a 5-year term, is the head of state and government and may serve a maximum of two terms in their lifetime.
3.2. The President appoints and dismisses ministers, oversees the implementation of laws, conducts foreign policy, and serves as commander-in-chief of the armed forces.
3.3. The process for selecting the President includes a national election. The President must have prior political experience, having served as a Deputy, Senator, or in a regional or municipal council.
3.4. The President can veto legislation passed by Parliament, but Parliament can override the veto with a two-thirds majority.
3.5. The President can issue executive orders, which have the force of law but must comply with the Constitution and existing laws.
3.6. The President can be removed from office through impeachment by Parliament for high crimes and misdemeanors, including violation of the Constitution.
Judicial Branch
Article 4: Structure and Powers of the Judiciary
4.1. The judiciary is independent and guarantees equal and free access to justice for all citizens.
4.2. The judiciary consists of a Constitutional Court, a Supreme Court, and lower courts as established by law.
4.3. Judges are appointed based on merit, legal expertise, and experience.
4.4. Judges serve for life, unless removed for cause, ensuring independence from political pressures.
4.5. The Constitutional Court decides on disputes concerning the rights and duties of federal and regional bodies and reviews the constitutionality of laws and acts.
4.6. The Supreme Court is the highest court of appeal and handles cases of national importance.
National Security
Article 5: National Security and Emergency Powers
5.1. The state ensures the common defense and protection of the nation from internal and external threats.
5.2. The roles and responsibilities of the military, intelligence agencies, and law enforcement are clearly defined.
5.3. The use of force is governed by the principles of necessity, proportionality, and accountability.
5.4. National security policies must respect individual rights and freedoms.
5.5. The state prioritizes cybersecurity to protect national infrastructure and citizens’ data.
5.6. Emergency powers can be invoked by the President or Parliament with clear limitations to prevent abuse.
5.7. Emergency powers may be declared in cases of war, natural disasters, or severe internal unrest.
5.8. The declaration of emergency powers must be immediately communicated to Parliament and the public, detailing the reasons and specific measures to be taken.
5.9. Emergency powers are subject to parliamentary approval within 48 hours and must be reviewed every 30 days. Parliament can revoke emergency powers at any time by a simple majority vote.
5.10. During a state of emergency, fundamental rights may be temporarily restricted, but only to the extent necessary to address the emergency and in compliance with international human rights obligations.
Local Government
Article 6: Structure and Powers of Local Government
6.1. The state is divided into regions, municipalities, and counties, each with defined powers and responsibilities.
6.2. Local governments have autonomy in managing local affairs, within the framework of national laws.
6.3. The relationship between federal and local governments is based on cooperation and respect for subsidiarity.
6.4. Local governments are accountable to their residents and must operate transparently.
International Relations
Article 7: Principles of Foreign Policy
7.1. The state conducts foreign policy based on the principles of peace, cooperation, and respect for international law.
7.2. Treaties and international agreements must be ratified by Parliament.
7.3. The state participates in international organizations and alliances to promote global stability and prosperity.
7.4. The state upholds human rights and works to combat global challenges such as poverty, climate change, and conflict.
7.5. The principles guiding the state’s interactions with other nations include maintaining peaceful relations, adhering to international law, and fostering global cooperation.
Amendments
Article 8: Amendment Process
8.1. The process for initiating constitutional amendments is clearly defined.
8.2. Amendments can be proposed by the Parliament or through popular initiatives.
8.3. Public input is required during the amendment process to ensure transparency and democratic participation.
8.4. Proposed amendments must be published and made available to the public at least 90 days before any vote.
8.5. Amendments require the approval of two-thirds of the Parliament and ratification through a popular referendum, with at least 60% of the participating voters approving the amendment.
8.6. Certain provisions of the Constitution, such as fundamental rights and the principles of democracy and meritocracy, cannot be amended.
Transitional Provisions
Article 9: Transitional Provisions
9.1. This Constitution replaces the previous constitution, and all existing laws must be reviewed for compliance.
9.2. The transition process includes the orderly transfer of power and resolution of any conflicts.
9.3. Existing institutions and officials remain in place until new elections are held under the new Constitution.
9.4. Transitional measures ensure continuity and stability during the implementation of the new Constitution.
Meritocracy and Technocracy
Article 10: Meritocracy and Technocracy
10.1. The government operates as a meritocracy, which is a form of technocracy. Access to public office, educational opportunities, and employment is based solely on merit and technical capability, without discrimination.
10.2. The education system promotes excellence and provides equal opportunities for all citizens.
10.3. The state ensures that selections for public and private employment are transparent and based on objective criteria of merit and technical capability.
10.4. At every level of politics, it is mandatory for politicians to demonstrate the basic required knowledge and capability to perform their duties.
10.5. Citizens must obtain a license to be eligible for political office and a license to vote, validating their basic knowledge on politics and important topics.
10.6. The modality and questions for determining the required levels of knowledge to be eligible for political office or to vote must be clear and accepted by the entire parliament.
10.7. After the selection process, before the elections, the logic and mechanisms of these tests must be publicly presented to the entire population.
10.8. The population has the right to abolish these tests via a referendum and order the creation of new tests and exams to re-evaluate eligibility and voter qualifications.
Secularity of the State
Article 11: Secularity of the State
11.1. The state is secular and guarantees the separation of religious institutions from public institutions.
11.2. Freedom of religion is guaranteed, but no religious institutions can be created. Religion remains private, and religious influences on political or legislative decisions are prohibited.
11.3. The state and government have no religion, and politicians and political parties are prohibited from showing any religious affiliation, explicitly or implicitly, including through names and symbols.
11.4. Public education is secular and promotes critical thinking, the scientific method, religious skepticism, work, and meritocracy.
Participation and Direct Democracy
Article 12: Participation and Direct Democracy
12.1. Citizens have the right to participate directly in the legislative process through referendums and popular initiatives.
12.2. Every citizen has the right to vote in legislative elections.
12.3. Amendments to the Constitution require the approval of two-thirds of the parliament and ratification through a popular referendum.
Justice and Rule of Law
Article 13: Justice and Rule of Law
13.1. The judiciary is independent and guarantees equal and free access to justice for all citizens.
13.2. The law is equal for all and applied without discrimination.
13.3. The right to a fair and impartial trial is guaranteed. Unreasonable searches and seizures are prohibited.
13.4. Violating the Constitution is the highest crime in the state and is punished with the most severe penalties.
13.5. Crimes against health are considered the second highest crime and are punished accordingly.
13.6. All crimes are deterred through long prison sentences and, where possible, forced exile.
13.7. The process for removing officials, including the President, ministers, and judges, must be explicit, fair, and transparent.
Health and Medical Practice
Article 14: Health and Medical Practice
14.1. Health professionals must use only scientifically approved medicine. Alternative medicine is only permitted in experimental environments authorized to test and verify its efficacy. If alternative medicine is nationally or internationally disproved, it is illegal.
14.2. The state recognizes the right of future generations to a healthy environment and promotes sustainable development policies.
14.3. Environmental protection is a duty of all citizens and the state.
Federalism and Decentralization
Article 15: Federalism and Decentralization
15.1. The exercise of state rights and the fulfillment of state duties is the responsibility of the regions, except for provisions or delegations contrary to this Constitution.
15.2. Federal law prevails over regional law.
Constitutional Review
Article 16: Constitutional Review
16.1. The Constitutional Court decides on disputes concerning the rights and duties of federal and regional bodies.
Final Provisions
Article 17: Final Provisions
17.1. This Constitution takes effect immediately after its approval through a popular referendum.
17.2. All laws and regulations must conform to the principles established in this Constitution.
Conclusion
This constitution integrates the best elements of the American, German, and Canadian constitutions, ensuring fundamental rights, separation of powers, secularity, meritocracy, and a transparent and democratic system of governance. It emphasizes access to public office, educational opportunities, and employment based solely on merit and technical capability. The public education system promotes critical thinking, the scientific method, religious skepticism, work, and meritocracy.
The parliament consists of 300 deputies and 200 senators, elected directly by the people. The president, elected directly by the people, is the head of state and government with a 5-year term and can serve a maximum of two terms in their lifetime. The president and ministers must be examples of excellence in their fields and have prior political experience. Before being elected as deputies or senators, individuals must have political experience in the regional or municipal council.
The state and government have no religion, and politicians and political parties are prohibited from showing any religious affiliation, explicitly or implicitly, including through names and symbols. The state and the government have the ultimate goal of promoting the growth and well-being of the population in terms of economy, wealth, health, education, knowledge, and competitiveness. Other goals include upholding the principles of democracy, meritocracy, liberty, and Western culture. It is the highest duty of the government, in each ministry, to ensure the security and safety of the population, preventing criminal and scam activities within their fields. Every citizen has a duty to contribute to the state through their work, report any government malfunctions, and report illicit activities and crimes. Failure to report a crime is itself considered a crime. At every level of politics, it is mandatory for politicians to demonstrate the basic required knowledge and capability to perform their duties. Citizens must obtain a license to be eligible for political office and a license to vote, validating their basic knowledge on politics and important topics. The modality and questions for determining the required levels of knowledge to be eligible for political office or to vote must be clear and accepted by the entire parliament. After the selection process, before the elections, the logic and mechanisms of these tests must be publicly presented to the entire population. The population has the right to abolish these tests via a referendum and order the creation of new tests and exams to re-evaluate eligibility and voter qualifications. Immigration into the country is encouraged for individuals with high skills that are superior to the average local national and discouraged for those whose skills are lower than those already available in the local workforce. Illegal immigration is discouraged through forced deportation. While privacy at home is preserved, public spaces, public events, and public streets must be monitored and controlled to prevent crimes, scams, or violence against citizens.
Andrea Bodei
EUCIF
The European Cyber Intelligence Foundation is a European non-profit think tank specializing in intelligence and cybersecurity, offering consultancy services to government entities