Chapter Samples

Introduction

This story presents many big ideas that are important to the design of a nation's constitution. It is a challenging and wide-ranging story. In reading it, you will discover how constitutions direct all political, legal, economic and social activity in a nation, including the things that you as a citizen, can and cannot do. In a sense, this story is about your life, the society that you want to live in, and the world you want to create.

The world, as always, is changing. In some places we see societies falling apart. Corruption, human rights abuses, poverty, conflict and social upheaval are running wild. In other places we see societies prospering. Human rights and diversity are celebrated; people look forward to a bright future.

How do we explain these two extremes? If we look closely at societies in decay, there is usually a widening gap between what citizens expect and what their government, if it hasn’t already fallen apart, provides them. In societies that do well, the government matches or exceeds the expectations of its citizens.

While many causes affect the existence and effectiveness of government, the design of a nation’s constitution is one of the biggest influences. After all, a constitution is the highest law of the land. It sets out the exact relationship between those who govern, and those who are governed.

Constitutions therefore, have a major part to play in human society. A far bigger part than you might realize. Constitutions control the way laws are made, the establishment of monetary systems, and trade between nations. They order the courts and judicial systems, set up armies, and define what rights, freedoms and responsibilities you, as a citizen, will have.

In providing a governing structure for society, constitutions must also meet the expectations of its citizens. Constitutions must provide for stable social conditions, protection from conflict with other nations, and the fair use and protection of resources............................

Part Two - Hypothetical Interviews

The following hypothetical interviews explore topics related to the drafting of the Universal Constitution. Each interviewee is an imaginary expert in a particular field of democracy and constitutional design. The interviewees all work for an invented organization called the International Constitutional Harmonization Project (ICHP) and they are interviewed by an imaginary Russian journalist called Maxim Kuznecov...........................................

Chapter 3.

Good morning Jia Li. The sections of the Universal Constitution dealing with monetary policy and economic functioning do not follow modern economic theory. Why is this?

I believe that modern economic theory, in many ways, is flawed. It has huge gaps and cracks in it. But economists are continually glossing over all the problems, and telling us this is the best system they can come up with.

While we have tried to achieve high ideals, there is nothing new age or speculative about it. The systems we propose have been used in various societies throughout history with great success. They work and do not produce the wide gaps between poor and rich we see in the modern world, nor do they create boom-bust cycles, nor do they lead to the strip mining of the planet to create increasing wealth.

There were many, including close colleagues of mine, who pushed for a system needing no money, where people did not have to strive for material gain. Their reasoning was that an advanced society should develop a patronage system of government. Such a system, they argued would provide all the material needs for its citizens and in exchange citizens would be able to follow their wishes and serve the public good. Clifford Rodgers and I asked, "How would such a system deal with individuals who were lazy, or with those who wanted great achievement?" Who would decide on a standard of living acceptable to all, when some individuals might prefer an ascetic lifestyle, others might want to travel and see the world, while others might prefer to remain at home?

Chapter 5.

Hello Ayana. Many people admire your dedication to environmental activism. How has this experienced assisted you in your role in the ICHP?

Well, I like people to think deeply about the harshness that nature can dish out. I try to warn people about the danger of rousing a sleeping giant. If people don’t change their ways, the environment becomes a progressively brutal teacher. If you ignore the negative environmental outcomes resulting from a particular set of actions, you can bet the next time you perform those same actions, the negative outcomes will be worse. Our past is full of examples of societies who have brought about their own ruin because they were unable to change their entrenched behaviors, beliefs and cultural norms in the face of progressively worsening environmental outcomes.

The question you have to ask is: Why do we do this to ourselves? In my personal opinion, and despite what many anthropologists will tell you, people seem incapable of rapid adaptability. When a crisis hits, they do more of the same of what they were doing before, only harder. I guess they think that sheer hard work will overcome any obstacle. Unfortunately, when it comes to fast changing circumstance, this isn’t the case. Rapid change requires a change of attitude, a change of intent and eventually, a change in one’s actions. There are always those with vested interests in keeping the current situation as it is, even when the need for change is essential. These people or groups protect their current circumstances at everyone else’s expense.....................

Chapter 7.

Hello Alban. There is a lot of public debate occurring in the world about capitalist exploitation and the effects of globalization. What has your team found out about this area of politics?

Once my team started to examine the workings of the world market and the basics of supply and demand, we were struck by a simple but deep realization. Private enterprise is constantly coming up with new imagined wants, insecurities and material scarcity at the same time as it is ruthlessly removing all of the old wants and scarcity. Think about trying to keep up with fashion. Just as we get those new shoes that we've seen advertised, last season's perfectly good shoes we were quite happy to wear until now, are out of fashion and no longer appropriate. This drives the machinery of consumerism. We in the modern world are forever chasing after material wealth, and must consume and discard at ever faster rates to satisfy our new wants.

While an army of economists will tell you this is just supply and demand theory at work, much of it revolves around demand for goods and services which are not needed. Many studies from around the world looking at different socio-economic populations, have all found that personal happiness will improve with increasing material wealth up to a clear and well defined limit. Beyond this point, no matter how much material wealth a person collects, their happiness and satisfaction does not increase....................

Chapter 8.

Good day Tumelo. Many people are concerned about how the wealthy and powerful in society are always trying to gain more power and more wealth for themselves. Why do you think we let them get away with it? What are your team's discoveries about power and privilege?

In my opinion it appears to be a reflection of our animal origins, where people continually deferred to shows of strength and forcefulness. But the strongest and most charismatic are not the most wise, intelligent, fair or inspirational leaders are they? On the scale of national politics, it is well documented that people make voting decisions mainly on a politician’s charisma level. But once elected, these charismatic and psychopathic personalities begin to manipulate the political process in their favor and people are horrified, wondering how the politicians could have deceived them so. Unfortunately, people with psychopathic personalities can fool us by being surprisingly great fun at parties and at public forums, because they have learned all the proper social behaviors. Depending on how skewed their personalities are, many are incapable of empathizing with others, and have little or no genuine feelings of their own. Think of your local school bully and you will get the picture.

The political selection and grooming process of current democracies promotes the emergence and dominance of these psychopathic personality types. In addition, the predominance of these personalities in the halls of power is the result of what I call the, "anyone can become president fallacy." It is this strange belief that anybody with the "right stuff" can theoretically become a head of state. Most democracies either promote this belief, or do not discourage it. But it is a fallacy because only those born with wealth, privilege and political connections can break into the existing political power system. It also happens that those with wealth, privilege and political connections are quite frequently, psychopathic personalities.............................

Chapter 10.

Welcome Manju. What motivated you to join the ICHP and help develop the Universal Constitution?

How could I not? I was drawn to this project like a bee to a honey pot. I have struggled against political oppression and economic injustice for many years. During this time I have seen these inhumane practices often carried out within perfectly legal and constitutionally legitimate frameworks. The conclusion I have drawn, is the framework needs to be written differently, to reduce the chance of these tragedies occurring. This is what the ICHP is all about.

Many constitutions have been created simply by grafting the ideas of earlier models on to a standard structure. We end up with the same types of problems haunting humanity down through the ages. You see, poverty, disease, famine, oppression, these are not accidents. It is not just, bad luck. It is not just a case of, oh dear, those poor people having to live under that nasty dictator. Somehow those situations have been allowed to occur because the rules allowed it, because the political and social institutions, by their design, encouraged it.

Many would say these bad social outcomes are the result of leaders and politicians ignoring the rules, and evading the established institutions. To some extent I agree. But unless my country is invaded and occupied, can I truly say that my social circumstance is out of my control? In almost all cases, the rise of dictators, the encroachment of corruption, the defeat of a people, happens slowly over time and begins within what all of us would recognize as a democratic framework. This brings me back to my first belief which is, the rulebook needs to be different......................

Part Three - The Universal Constitution

A Federal Participatory Republic

27 Resources and Production

27.1 All natural resources shall be owned by the people of this Nation through the Administration and used in a fair and equitable manner in the National interest and for the enjoyment of future generations.

27.2 The Administration and people of this Nation shall seek to: limit and reduce the impact of all human activity on the natural environment; strive for sustainable use of renewable resources; minimize the depletion of non-renewable resources; fully rehabilitate sites where resources have been extracted.

27.3 All resources to be exported shall be refined and processed to the highest possible degree before leaving this Nation so the most added value and employment can be gained.

27.4 The exploration and exploitation of natural resources shall: preserve the indigenous ecological balance; prevent the destruction or decline of ecosystems; not let loose any pollutants, contaminants, harmful energy or biological pathogens.

27.5 A natural resource shall first be used to secure the current and future needs of the Nation. The remainder may be sold, traded or exchanged for profit and suitable taxes and tariffs levied by the Administration. All tax, royalty, tariff and revenue payments made to the Administration shall be publicly disclosed.

27.6 Extracting resources, manufacturing and distribution of products and services shall not impoverish, waste or reduce the value of any other linked or associated resource, ecosystem or society. Under no circumstances shall manufacturing or industrial activities exceed the carrying capacity of the environment supporting them.

27.7 Manufacturing shall produce artifacts of durability and long-term utility by processes that are humane, worthy, dignified and intrinsically satisfying. These artifacts shall be designed so their final use and disposal will not be harmful to current or future generations or the environment.

27.8 Inverse manufacturing processes shall be used to recycle materials in industrial ecosystems that are self-sustaining and resource and energy efficient.

27.9 The creation of waste or pollution that cannot be safely recycled or permanently disposed of within the borders of this Nation shall be banned. No contaminant shall be transported to another nation except for reprocessing into biodegradable and environmentally inert material or feedstock or fuel for industry.