PRELIMINARY DRAFT OF A WORLD CONSTITUTION (1947-1948)
The people of the earth having agreed
that the advancement of man
in spiritual excellence and physical welfare
is the common goal of mankind;
that universal peace is the prerequisite
for the pursuit of that goal;
that justice in turn is the prerequisite of peace,
and peace and justice stand or fall together
that iniquity and war inseparably spring
from the competitive anarchy of the national states;
that therefore the age of nations must end,
and the era of humanity begin;
the governments of the nations have decided
to order their separate sovereignties
in one government of justice,
to which they surrender their arms;
and to establish, as they do establish,
as the covenant and fundamental law
of the Federal Republic of the World.
DECLARATION OF DUTIES AND RIGHTS
The universal government of justice as covenanted and pledged in this Constitution is founded on the Rights of Man
The principles underlying the Rights of Man are and shall be permanently stated in the Duty of everyone everywhere, whether a citizen sharing in the responsibilities and privileges World Government or a ward and pupil of the World Commonwealth:
In the context therefore of social duty and service, and in conformity with the unwritten law which philosophies and religions alike called the Law of Nature and which the Republic of the World shall strive to see universally written and enforced by positive law:
it shall be the right of everyone everywhere to claim and maintain for himself and his fellowmen:
The four elements of life - earth, water, air, energy - are common property of the human race. The management and use of such portions thereof as are vested in or assigned to particular ownership, private or corporate or national or regional, of definite or indefinite tenure, of individualist or collectivist economy, shall be subordinated in each and all cases to the inherent interest of the common good.
GRANT OF POWERS
1. The jurisdiction of the World Government as embodied in its organs of power shall extend to:
The powers not delegated to the World Government by this Constitution, and not prohibited by it to the several members of the Federal World Republic, shall be reserved to the several states or nations or unions thereof.
THE FEDERAL CONVENTION, THE PRESIDENT, THE LEGISLATURE
The sovereignty of the Federal Republic of the World resides in the people of the world. The primary Government shall be vested in:
The Federal Convention shall consist of delegates elected directly by the people of all states and nations, one delegate for each million of population or fraction thereof above one-half million, with the proviso that the people of any extant state… ranging between 100,000 and 1,000,000, shall be entitled to elect one delegate, but any such state with a population below 100,000 shall be aggregated for federal electoral purposes to the electoral unit closest to its borders.
The delegates to the Federal Convention shall vote as individuals, not as members of national or otherwise collective representations [except as specified hereinafter, Art. 46, paragraph 2, and Art. 47].
The Convention shall meet in May of every third year, for a session of thirty days.
The Federal Convention shall subdivide into nine Electoral Colleges according to the nine Societies of kindred nations and cultures, or Regions, wherefrom its members derive their powers, such Regions being:
If three consecutive ballots have been indecisive, the candidate with the smallest vote shall be eliminated and between the two remaining candidates a simple majority vote shall be decisive.
Each Electoral College shall then nominate by secret and proportional ballot twenty-seven candidates, originating from the respective Electoral Area or Region, for the World Council; proviso that one-third and not more than one-third of the nominees shall not be members of the Federal Convention; and the nine lists having been presented to the Federal Convention, the Federal Convention in plenary meeting shall select by secret and proportional ballot nine Councilmen from each list, with the same proviso as above.
The Federal Convention shall also elect by secret and proportional ballot, on nominations, prior to the opening of Convention, by such organizations of world-wide importance and lawfully active in more than three Regions as shall be designated [for the first election by the United Nations Assembly and subsequently] by the Council, eighteen additional members, regardless of origin; and the total membership of the World Council shall be thus ninety-nine.
The primary power to initiate and enact legislation for the Federal Republic of the World shall be vested in the Council.
The tenure of the Council shall be three years.
The Council shall elect its Chairman, for the whole tenure of three years.
Councilors shall be re-eligible.
Within the first three years of World Government the Council and the President shall establish three Special Bodies, namely:
Within its first year the World Government shall establish a Special Body, to be named Planning Agency, of twenty-one members appointed by the President, subject to vetoes by two-thirds of the Council, for tenures of twelve years [except that the terms for the initial membership shall be staggered by lot, with one-third of it, seven members, ceasing from office and being replaced every fourth year].
It shall be the function of the Planning Agency to envisage the income of the Federal Government and to prepare programs and budgets for expenditures, both for current needs and for long-range improvements. These programs and budgets shall be submitted by the President, with his recommendations, to the Council, as provided hereinafter (Art. 13).
Plans for improvement of the world's physical facilities, either public or private, and for the productive exploitation of resources and inventions shall be submitted to the Agency or to such Development Authorities or regional subagencies as it may establish. The Agency shall pass judgment on the social usefulness of such plans.
Members of the Planning Agency shall not be re-eligible nor shall they, during their tenure in the Agency, have membership in any other federal body.
The executive power, together with initiating power in federal legislation, shall be vested in the President. His tenure shall be six years.
The President shall not have membership in the Council.
The President shall not be re-eligible. He shall not be eligible to the Tribunate of the People until nine years have elapsed since the expiration of his term.
No two successive Presidents shall originate from the same Region.
The President shall appoint a Chancellor. The Chancellor, with the approval of the President, shall appoint the Cabinet.
The Chancellor shall act as the President's representative before the Council in the exercise of legislative initiative. The Chancellor and the Cabinet members shall have at any time the privilege of the floor before the Council.
But no Chancellor or Cabinet member shall have a vote or shall hold membership in the Council, nor, if he was a member of the Council at the moment of his executive appointment, shall he be entitled to resume his seat therein when leaving the executive post unless he be re-elected at a subsequent Convention.
No one shall serve as Chancellor for more than six years, nor as Cabinet member for more than twelve, consecutive or not.
No three Cabinet members at any one time and no two successive Chancellors shall originate from the same Region.
The Council shall have power to interrogate the Chancellor and the Cabinet and to adopt resolutions on their policies.
The Chancellor and the Cabinet shall resign when the President so decides or when a vote of no confidence by the absolute majority of fifty or more of the Council is confirmed by a second such vote; but no second vote shall be taken and held valid if less than three months have elapsed from the first.
The sessions of the Council, as well as those of the Grand Tribunal and the Supreme Court, shall be continuous, except for one yearly recess of not more than ten weeks or two such recesses of not more than five weeks each, as the body concerned may decide.
The budget of the World Government, upon recommendation by the Planning Agency, shall be presented every three years by the President to the Council, which shall pass it, or reject it in whole titles, by majority vote; the same procedure to apply when at other intervals the President requests additional appropriations or approval of changes.
Any legislation of the Council can be vetoed by the President within thirty days of its passage. But the Council can overrule the veto if its new vote, by a majority of two-thirds, finds support, within sixty days of the President's action, in the majority of the Grand Tribunal [and no such support shall be required during the tenure of the first President].
The President can be impeached on grounds of treason to the Constitution, or usurpation of power, or felony, or insanity, or other disease impairing permanently his mind.
The vote of impeachment shall be final when three-quarters of the Council and three-quarters of the Grand Tribunal concur and the majority of the Supreme Court validates the legality of the proceedings.
If a President is impeached or resigns or dies in the interval between two sessions of the Federal Convention, the Chairman of the Council shall become Acting President until the new Convention elects a new President; and the Council shall elect a new Chairman.
THE GRAND TRIBUNAL AND THE SUPREME COURT
The supreme judiciary power of the World Republic shall be vested in a Grand Tribunal of sixty Justices, with the President of the World Republic as Chief Justice and Chairman, and the Chairman of the Council as Vice-Chairman ex officio.
The President as Chief Justice shall appoint the Justices of the Grand Tribunal and fill the vacancies, subject to vetoes by the Council on majorities of two-thirds. He shall have power to overrule any such veto if he finds support in a two-thirds majority of the Justices in office [except that no such power shall be vested in the first President].
No one, except the Chairman of the Council, shall hold membership at the same time in the Council and the Tribunal; nor shall a Chancellor or Cabinet member hold membership in the Tribunal or be eligible to it until six years have elapsed from the termination of his executive office.
The tenure of the Chief Justice and Chairman and of the Vice-Chairman of the Grand Tribunal shall be the time of their tenure of office respectively as President of the World Republic and as Chairman of the Council.
The President shall have power to appoint an Alternate, subject to approval by the Grand Tribunal, for the exercise of such of his functions in the judiciary branch and for such a time within his tenure as he may decide.
The tenures of the sixty Justices shall be fifteen years [except that the terms for the initial membership shall be staggered by lot, with one-fifth of it, twelve Justices, ceasing from office and being replaced every third year].
Justices of the Grand Tribunal shall not be re-eligible, except that a Justice appointed as Chancellor or Cabinet member, having resigned his membership in the Tribunal, shall be re-eligible to it for the unfulfilled portion of his tenure when six years have elapsed from the termination of his executive office.
The sixty Justices shall be assigned twelve to each of five Benches:
The Supreme Court shall be of seven members: five representing one each Bench, with the Chief Justice as their Chairman and the Chairman of the Council as their Vice-Chairman ex officio; and the active membership of the Benches shall thus remain of eleven each.
No two members of the Supreme Court shall originate from the same Region.
The representatives of the Benches in the Supreme Court shall be elected by secret vote of the Grand Tribunal in plenary session, with each Justice casting a ballot for five candidates, one from each Bench, and with those candidates elected who have obtained the largest vote, except that any presumptive electee shall be held ineligible whose assignment to the Court would duplicate the representation therein of any one Region or Bench.
If the first vote fails to fill all seats, the vote shall be repeated according to the same regulations.
The tenures of the members of the Supreme Court shall be: for the Chairman and Vice-Chairman the same as their tenures of office respectively as President of the World Republic and as Chairman of the Council, and for the other members six years, at the end of which each of the five elected by the Grand Tribunal may be re-elected or shall be restored to the Bench whereof he was the delegate; but no Justice shall sit in the Court beyond his regular term of membership in the Tribunal; and when the latter term expires before the regular six-year term in the Court is completed, or when an elective member of the Court resigns or dies, the Grand Tribunal shall fill the vacancy for the unfulfilled portion of the term by secret partial election in plenary session, with the same proviso as above in regard to the representation of Regions.
Regions which have not been represented in the Supreme Court for two successive six-year terms shall have mandatory precedence in the elections for the third term.
The Supreme Court shall distribute the cases among the five Benches of the Grand Tribunal according to competences as specified hereinbefore [Art.18].
Cases where competences overlap or are otherwise doubtful shall be referred to such Bench or Benches jointly as the Supreme Court shall decide.
The Supreme Court shall have power to modify the rules of assignment for the five Benches as specified in Art. 18, subject to approval by the majority of the Council and by a two-thirds majority of the Grand Tribunal concurrently.
It shall be the office and function of the Supreme Court to review the decisions of the Benches, within three months of their issuance, said decisions to become effective upon registration by the Court, or, when annulled, to be returned for revision each to the Bench which judged the case, or to another, or to others jointly as the Court may decide; annulment to be pronounced in cases of unfair trial or faulty procedure, and also for reasons of substance when final appeal was filed by the losing party, if the Court at its own discretion choose to take cognizance thereof, or by the Tribune of the People, whose demand shall be mandatory.
The Grand Tribunal, with the approval of the Supreme Court, shall establish Lower Federal Courts in such number and places as conditions in the component units of the World Republic shall require, and a Federal Appellate Court in each Region. It shall also determine the rules and competences of such courts, and appoint their officials on the basis of competitive examinations.
The President or his Alternate and the Chairman of the Council shall not sit as judges in cases affecting the solution of conflicts between the President and the Council.
The President or Acting President or Alternate, or a Justice or the Chairman of the Council in his capacity of justice, shall not sit as a judge in cases involving his appointment or impeachment or demotion or tenure or in any other way affecting his particular interest.
No member of the Council or the Grand Tribunal shall be liable to removal from office until a criminal sentence on charges of felony or grave misdemeanor is final. But he shall be suspended from office, pending last recourse to the Grand Tribunal when a sentence of guilty, issued by a lower court, has been confirmed by a Federal Appellate Court.
The Supreme Court shall pronounce final judgment on the legality of the Proceedings. It shall also pronounce final judgment on the legal validity of elections and appointments to the Council and the Tribunal and to the offices of President and of Tribune of the People.
The President in his capacity of World Chief Justice shall have power of pardon over sentences passed under federal law.
THE TRIBUNE OF THE PEOPLE AND THE WORLD LAW
The Federal Convention, after electing the Council, shall elect by secret ballot the Tribune of the People as a spokesman for the minorities, this office to be vested in the candidate obtaining the second largest vote among the eligible candidates; ineligible to the office of Tribune being any candidate having also been nominated by any Electoral College for the office of President in the current Convention or having been a President or Acting President or Alternate or a member of the Grand Tribunal at any time in the nine years preceding said Convention or originating from the same Region as the President simultaneously in office.
The Tribune of the People shall not have membership in the Council.
The tenure of the Tribune of the People shall be three years. He shall have power to appoint a Deputy, subject to the same ineligibilities as above, with tenure to expire not later than his own.
He shall not be re-eligible, nor shall he be eligible to the office of President or Alternate or Justice of the Grand Tribunal, until nine years have elapsed from the expiration of his present term.
The Tribune, or his appointed Deputy, shall have the privilege of the floor before the Grand Tribunal and, under such regulations as shall be established by law, before the Supreme Court; but no vote in either; and he shall not be present when a vote is taken.
It shall be the office and function of the Tribune of the People to defend the natural and civil rights of individuals and groups against violation or neglect by the World Government or any of its component units; to further and demand, as a World Attorney before the World Republic, the observance of the letter and spirit of this Constitution; and to promote thereby, in the spirit of its Preamble and Declaration of Duties and Rights, the attainment of the goals set to the progress of mankind by the efforts of the ages.
No law shall be made or held valid in the World Republic or any of its component units:
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