About the distribution of powers provided by the Constitution and about the election modalities of the Republic of the Earth International Assembly.

Someone has asked if the Constitution of the Republic of the Earth provides the distribution of powers and if the modalities for the election of the International Assembly of the Republic of the Earth are as much democratic as possible.

Articles 9 and 10 of the Constitution provide the distribution of powers.

Article 9 provides that «The laws of the Republic are inspired by universal recognised principles of international Rights and are characterised by simple meaning and syntax. The Republic demands the implementation of social and civil duties in the interest of all the inhabitants of the Earth, eliminating contradictions between norms and repealing those that are obsolete. It guarantees the demonstration of right and wrong also in relationships with the institutions, promoting the review of the civil, penal and administrative processes and showing the consequences of an insufficient sense of duty.»

The notes to Article 9 precise that «International right, today, has only two limits: not to have universally and definitely repealed capital punishment, and not to have adjusted the punishments to the degree of certainty of the facts together with their seriousness. The norms must be written and communicated in the appropriated form in order to be understood by all and not only by jurists. The adhesion to the promotion of the Republic of the Earth involves the undertaking of duties towards the other participants and all the inhabitants of the Earth. It is the normal evolution of civil relationships. This guarantee regards the trial-like phase and is to demonstrate and not to presume. The same guarantee (the demonstration) is extended to the relationships between individual, groups and their institutions, the Republic of the Earth naturally included. The review based on new norms also regards the processes not yet concluded. The sense of duty is responsibility and knowledge, both for the individuals and much more for those in public offices.»

This Article fixes the principles of justice that shall enliven the republic of the Earth. Judicial power shall exert its tasks according to such principles. To approve the laws in order to achieve concretely these principles and establish the most suitable Judicial code, will be the International Assembly's task, as it's the organ representing popular sovereignty.

Article 10 provides that «The inhabitants of the Republic are represented in the International Assembly constituted by a representative for every ten million inhabitants. The faculty to legislate is normally up to the international Assembly, but also the inhabitants of the Republic can take the initiative to propose, to approve and to abrogate them according to the law. The representatives in the international Assembly are elected directly by the inhabitants of the Republic and stay in office four years, except in the case of non-fulfilment of the undertaken engagements with the constituents. The Government of the Republic is made up of twelve elected governors from the International Assembly, who then elects the President. The Government remains in office until revocation by the international Assembly although not for more than six years from the date of election. The Government is ruled by the President and has the task to carry out the decisions taken by the International Assembly and to approve urgent decisions. Such decisions must be ratified within a year by the International Assembly and the possible non-ratification involves the resignation of the Government.»

The notes to article 10 precise that «Full sovereignty of all the inhabitants means complete democracy. Equality means parity of rights and duties towards human mankind and its environment, the Earth. Political integration process is the real process of planetary democratisation. The concept of political decentralisation is larger than those of federalism and co-federalism, founded on aggregations of States and regions, and underlines the idea of the autonomy area, of the locality, in which the decisive real relationships for the community take place.»

Concerning the Republic of the Earth International assembly and Government, it's also précised that «It has 600 representatives for 6 billions inhabitants [in fact there'll be 630 representatives out of 6.3 billions people], therefore one simple structure and however able to represent the great intentional choices of the people. The rules are adopted, modified and repealed through the twofold initiative of the inhabitants and their representatives. Therefore the repeal of the representation mandate is provided. The function of the governors is giving execution to the initiatives provided by the Constitution and the laws of the Republic of the Earth. The duration of the Government is superior to that of the international Assembly, just in order to assure continuity to the executive function of the governors, except disapproval of its acts by the same Assembly. It is necessary to confer to the Government the power to assume urgent decisions regarding unexpected problems. The responsibility assumption is confirmed by the necessity to ratify all the urgent decisions of the Government by the international Assembly.»

This article establishes that the International Assembly owns the legislative power and that the Republic's Government owns the executive power.

That's not all. Together with the above stated three powers, the Constitution also fixes the social, civil, economic and moral principles according to which the subjective right to dispose of the resources necessary in order to live and develop, and the principle of competition on the grounds of individual skills and energy (work) employment shall be based and shall be also extended not just to a few human beings but to all human beings.

The whole of the Constitution is based on the fundamental principle of «res pubblica», which means a shape of government based on the principle of popular sovereignty, where the people delegate the power to govern to their own representatives chosen through the elections and a particular dimension of cohabitation, based on common interest and on everyone's consent towards a specific way of planning public life, making republic and democracy meet with the ideal model of republican entity where the government is the real expression of the popular will that legitimated it.

Such ideal agreement overcomes Plato's «republic» concept, according to which the model of an hypothetic perfect state would be the one where all the citizens are strictly «divided» in three different classes: the producers one, made up of those who work to meet their one material needs, the guards one, responsible for national and international security and the one of the governors that, being made up of the only citizens capable of recognizing common good, i.e. by philosophers, should have the power to make laws and administer justice.

The Republic of the Earth takes from the republican experience of Rome, where, according to Cicero, the source of political power and law legitimacy shall base itself on the consent of the citizen's community, considering that only the government that achieves common interest respecting law is good and that «Straight reason is real law, in harmony with Nature, universal, unalterable and eternal, that attracts man towards its duties with its orders and takes him away from fraud with its prohibitions. It doesn't change from Rome to Athens or from today until tomorrow indeed, as unique, eternal, unalterable law it'll govern all the peoples and in any time.». This involved, from one side the acknowledgement of the principle asserting the equality of all mankind, because the eternal law of reason manifests in all human beings, from the other side the concept that positive law bases itself on natural and rational law.

The republican magistracy, antithetic to monarchy, was therefore distinguished by transitoriness, responsibility, join nature and the possibility that the citizens could ask the judge to answer for his actions. The scheme supported civic virtues, which would express them selves in the participation to public life, and moral virtues pushed each citizen to feel integral part of one structure, pushing him to renounce to private egoism.

This principle expresses through the political theory of the social contract, the doctrine developed in the 17^th and 18^th century according to which politic power shall be referable to a contract between individuals that establish it in order to guarantee them selves certain goods, peace as fundamental presupposition for evolution, the security of life as fundamental right, the ownership of goods for the development and freedom as principle of autonomy and personal independence.

That means to adopt the concepts of natural law in a new way and to change the state of nature in which the individuals live isolated or divided by groups in perennial conflict, in a civil cohabitation by means of a pact stating the natural rights of each individual who, in order to assure them, recognises himself as part of the whole of all the individuals and assigns an authority to who he recons is the most suitable to exert the power.

The authority of who represents the inhabitants of the Earth in the legislative, executive and judicial tasks draws concrete legitimacy from this kind of transformation constantly maintained under control, and from the critics of the whole of the human beings taking part to the social contract.