The New Levellers' Proposal for a replacement British Constitution
Just like the old faithful Morris Minor the British Constitution is no longer fit for modern purposes and conditions. It's time for the latter anyway to be scrapped in favour of a formulae designed for the future of Great Britain.
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The case for the long overdue reformation of the British Constitution is self-evident, obvious, well recognised, undisputed and agreed by every well informed and well intentioned Briton.
If an affordable pub can be found these days, a big if, then most of the following complaints will be heard voiced:
Terrible Parliaments: each providing a string of ramshackle governments OF the people, but neither FOR the people nor BY the people. Politicians are failing the people, who are losing faith in politics.
The reasons? Our brightest and best (that includes you and me) refuse to participate in our corrupt and chaotic political system; thus leaving it to inferior persons to run (ie. ruin) the State.
An increasingly pathetic welfare system: rough sleepers, beggars, homelessness, illiterate and innumerate school leavers, unemployable adults, thousands of children in care, poverty, high crime rate, high drug abuse and death; exhausted NHS A&E and most other health services.
A failing economy: Britain doesn’t pay its way in the world; we import far too much of what we should be making and exporting; greed: over paid executives, under paid key workers; constant shortage of home grown trained and skilled persons; tens of thousands of adults who have never done even a day’s paid work and whose idleness is sponsored by the tax payer; poor work ethic; very low productivity due to very low investment in the latest plant and machinery; brilliant British inventions are rarely successfully exploited in Britain; inadequate minimum living wage.
A system that is seemingly powerless to deal with the people traffickers and defend the country against ‘invasion’ by boat loads of unwanted illegal economic immigrants falsely claiming asylum and demanding access to our already over stretched services and housing. Britain is a bitterly divided society: split by class, wealth, education, colour, creed, language, occupation, speech…The traditional British culture that attracted immigrants here in the first place now being diluted by them to the point of vanishing,,,,,Wokery….(Anti) social media...Prices…...NHS….Strikes…..
Last orders please, folk.
The eighth revision of:
The New Levellers' Constitution for Great Britain
Innovatio, non imitatio
(In deference to our mid 17C predecessors, this mid 21C Constitution is subtitled as: An Agreement of the Informed Free People of Great Britain).
Preamble
We, the informed people of Great Britain (Appendix 1), in order to secure and transmit to succeeding generations our heritage of informed and responsible political, civil, and religious liberty based upon optimising personal, communal and national self reliance and self sufficiency within a morally sound reciprocal communal interdependence, do ordain and establish this constitution for the Nation of Great Britain.
Article I – Declaration of Rights
1. Inherent Rights
This constitution is dedicated to the principle that all law abiding persons have a natural and reciprocal right to life, liberty, the pursuit of happiness, and the enjoyment of the shared benefits of their own ethically sound industry; that all law abiding persons are equal before the law and entitled to equal rights, benefits, opportunities, social security and protection under the law; and that all such persons have corresponding reciprocal obligations, responsibilities and duties to assist in the adequate provision of the appropriate basic needs and benefits such as personal security, food, clothing, shelter, education, freedom and welfare for all other law abiding British people and legal residents.
2. Source of Government
All political power is inherent in the law abiding, informed and responsible adults (Appendix 2). All good government originates with such people, is founded upon their will only, and is instituted solely for the benefit and welfare of the people as a whole.
A duly constituted bicameral People’s Parliament consisting of Two Houses shall be established: a House of Peers and a House of Commoners. Each House shall consist of 500 responsible, informed, ready, willing and able members. Each House shall have its own system of population (Appendix 3). Each House member shall permanently stand down after ten years in office.
The joint role of the Houses of Parliament shall be to supervise the Civil Service as well as to protect and promote the Constitution as required and approved by The People through petitions and informed referendums. (Appendix 4). Parliament shall no longer be both the maker and the taker of decisions.
3. Civil RightsNo law abiding British citizen of sound mind and purpose is to be denied the enjoyment of any civil or political right because of ethnicity, colour, creed, gender, physical incapacity or national origin (Appendix 5).
4. Freedom of Religion
Religious beliefs are a purely personal affair. There shall be no buildings or other physical evidence of continuing religion or religious practices. No law shall be made regarding personal religious beliefs and practices provided that such matters have no public face or public consequence and are lawful. Religious assemblies shall never be held in secret and must always conform to the law of the land.(Appendix6)
5. Freedom of responsible speech.
Every person may freely speak, write, and publish on all subjects provided that they do so in an informed, truthful, un-abusive and responsible manner – a stipulation of which is that they do so always and under under their own name and with adequate contact details. (Appendix 7)
6. Freedom of Assembly
The right of the people peaceably to assemble, and to petition the Parliament shall never be abridged
7. Due Process.
No person shall be deprived of life, liberty, lawful possession or human rights without due process of law. The right of all persons to fair and just treatment in the course of legislative and executive investigations shall not be infringed. The primary function of the law will be to establish the truth. The subsequent priority is then to ensure that justice within the law follows. The tradition of prosecution and defence shall be replaced with one of seeking trurh and justice. (Appendix 8).
8. Grand Jury
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the armed forces in time of war or public danger. Indictment may be waived by the accused. In that case the prosecution shall be by information. The grand jury shall consist of at least twelve registered voters in the relevant constituency, a majority of whom concurring may return an indictment. The power of grand juries to investigate and make recommendations concerning the public welfare or safety is to be encouraged and shall never be suspended.. Jeopardy and Self-Incrimination
9. Jeopardy and Self-Incrimination
No person shall be put in jeopardy twice for the same offence except in the case of significant new evidence. No person shall be compelled in any criminal proceeding to be a witness against themselves.
10. Treason
Treason against the People consists in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court, or in open court after a trial before a correctly assembled and impartial jury of a dozen local and registered voters.
11. Rights of Accused
The proper purpose of all trials shall be to establish the truth in open court. The presumption of innocence requires the contrary to be proven to the satisfaction of an impartial jury. In all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury of twelve, except that the Parliament may provide for a jury of not more than twelve nor less than six in courts not of record. The accused is entitled to be informed of the nature and cause of the accusation; to be released on bail unless the judge deems absconding likely, or except for capital offences when the proof is evident or the presumption great; to be confronted with the facts; to have compulsory process for obtaining the facts, and to have the assistance of competent counsel to challenge the presented facts.
12. Criminal Administration
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Criminal administration shall be based upon the following: an untrammelled search for the truth; the implementation of justice; the need protect the public, the need to inform the public of the proceedings and findings, the need to assert and protect the rights of victims of crimes, the need for the public to see justice being done in any punishment awarded; and the need for the implementation of the principle of reformation.
13. Habeas Corpus
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or actual or imminent invasion, the public safety requires it.
14. Searches and Seizures
The right of the people to be secure in their persons, houses and other property, papers, and effects, against unreasonable searches and seizures, shall not be violated. No warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or items to be seized.
15. Prohibited State Action
No bill of attainder or ex post facto law shall be passed. No law impairing the obligation of contracts, and no law making any irrevocable grant of special privileges or immunities shall be passed.
16. Civil Suits; Trial by Jury
In civil cases where the amount in controversy exceeds two hundred fifty pounds sterling, the right of trial by a jury of twelve is preserved to the same extent as it existed at common law. The Parliament may make provision for a verdict by not less than three-fourths of the jury and, in courts not of record, may provide for a jury of not less than six or more than twelve.
17. Imprisonment for Debt
There shall be no imprisonment for debt. This section does not prohibit civil arrest of absconding debtors or debtors failing in their efforts of reasonable restitution.
18. Eminent Domain
Private property shall not be taken or damaged for public use without court approval and without just compensation.
19. Right to Keep and Bear Arms.
There shall be no ownership or holding of fire arms or other deadly weapons by any member of the public. The duly set up security forces may bear and use appropriate weapons when on duty if a court agrees that the circumstances warrant it.
20. Quartering of Soldiers
No member of the armed forces shall in time of peace be quartered in any house without the consent of the owner or occupant, or in time of war except as prescribed by law. The military services shall, in full accordance with their initial oaths of loyalty, be in strict subordination to the civil power.
21. Construction
The enumeration of rights in this constitution shall not impair or deny others retained by the people.
22. Right of Privacy and freedom from abuse.
The right of the people to privacy is recognised and shall not be infringed. The law will protect everyone from abuse, lies, hostile comment, rumour, speculation, malicious gossip and other personal attack however formulated, or other such insult however transmitted or received. Persons disobeying this prohibition will be deemed guilty of a serious criminal offence and dealt with accordingly.
23. Human Rights & Resident Preference
International Human Rights shall, where their reciprocal duties and responsibilitieshave been ignored or otherwise disregarded, be held subordinate to British Constitutional rights as possessed by every bona fide British citizen and resident.
24. Rights of Crime Victims.
Crime victims, as defined by law, shall have the following rights as provided by law: the right to be reasonably protected from the accused through the imposition of appropriate bail or conditions of release by the court; the right to confer with the prosecution; the right to be treated with dignity, respect, and fairness during all phases of the criminal and juvenile justice process; the right to timely disposition of the case following the arrest of the accused; the right to obtain information about and be allowed to be present at all criminal or juvenile proceedings where the accused has the right to be present; the right to be allowed to be heard, upon request, at sentencing, before or after conviction or juvenile adjudication, and at any proceeding where the accused’s release from custody is considered; the right to restitution from the accused; and the right to be informed, upon request, of the accused’s escape or release from custody before or after conviction or juvenile adjudication.
25. Marriage.
New Levellers recognise the crucial importance to society of happy, loved, wanted, well educated and cared for children. Therefore the purpose of marriage is to give security to any resulting family. Thus no marriage shall exist unless and until a family is created and is properly and appropriately cared for until maturity. Other legal, less stringent, relationships are options in the meantime.
Article II – The Parliament.
1. Legislative Power; Membership
The legislative power of the British State is vested in its Popular Bicameral Parliament consisting of a House of Peers with a membership of five hundred and a House of Commoners with a membership of five hundred.
2. Members: Qualifications
A member of the Parliament shall be a qualified voter who is a permanently resident British Citizen. Membership of the House of Peers is composed of retired persons chosen by a consensus of the membership of their former trade, occupation, profession, vocation or other worthy gainful employment to serve for ten years or until their eightieth birthday. Parliament will decide upon 499 occupations; the final one shall be a catchall for all the remaining activities. Past Members will not be eligible for re-selection. Membership of the House of Commoners is by selection, not election. Members will be chosen by sortition to serve for up to two terms of five years and drawn from amongst the ready, willing and able of their home Constituency. The eligible must be permanently resident in that Constituency. They must be over 25 and below 70 on selection. They must retire early if for what ever reason their contribution or conduct is deemed by their Constituents or their fellow Members as unsatisfactory.
.3. Selection and Terms
Legislators shall take up their term of office when for what ever reason their predecessor vacates their own term.
(Note 1. Where possible the previous occupational position of legislators will be held open for their return when their term expires. Other satisfactory arrangements may be agreed instead. None shall be disadvantaged because of their time in public service).
(Note 2. Initially a temporary system of ‘rolling replacement’ will be instituted. The aim being to end the previous existence of lengthy political careers with its resulting ‘deadwood’ and blockage of opportunity for regular insertions of ‘fresh blood, ideas and energy’. The process initially requires ten percent of legislators, chosen by sortition, to stand down each year. Their successors will then serve the full ten years.
4. Vacancies
A vacancy in the Parliament shall be filled for the unexpired term as provided by law. If no provision is made, the Monarch as head of the Executive shall fill the vacancy by appointment.
5. Disqualifications
No legislator may hold any other office or position of profit during the term for which selected; no legislator may be nominated, selected, or appointed to any other office or position of profit which has been created, or the salary or emoluments of which have been increased, while they were a member.
6. Immunities
Legislators may not be held to answer before any other tribunal for any statement made in the exercise of their legislative duties while the Parliament is in session. Members attending, going to, or returning from legislative sessions are not subject to civil process and are privileged from arrest except for felony or breach of the peace.
7. Salary and Expenses
This Constitution seeks to provide legislators typical of, and thus in sympathy with, the general population. Thus they shall receive a monthly income equivalent to the average national income, plus approved and reasonable expenses. MPs must be full time e.g. they must not have any other paid work.
8. Training.
New members of either House shall attend a preliminary month’s orientation.
9. Regular Sessions
There will be three annual parliamentary sessions each lasting for three months and each followed by a free month. The opening and closing of each regular sessions requires full physical attendance to be staged at each of the three nation’s capitals (or other suitable venue). Remaining meeting days will require attendance for the scheduled three days a week mainly on-line sessions. Such meetings will be accessible to the public. For latter purposes the Members will attend at their Constituency office - unless unavoidably away on official business or illness.
10. Special Sessions
Special sessions plenary sessions may be called by the Monarch or by vote of two-thirds of the legislators themselves; or by a substantial popular demand from the public. At special sessions thus called any resulting proposed legislation shall be limited to subjects designated in calling the session, to subjects presented, and the reconsideration of bills. session. Special sessions are limited to thirty days.
11. Adjournment
Neither house may adjourn or recess for longer than three days unless the other concurs. If the two houses cannot agree on the time of adjournment and either house certifies the disagreement to the Monarch they may settle the matter appropriately.
12. Interim Committees
Parliament must establish interim committees to oversee a government department. Members may only serve on one committee. Such committees may meet between legislative sessions. They may perform duties and employ personnel as provided by the Parliament. Their members may receive an allowance for expenses while performing duties.
13. Rules
The houses of each Parliament shall adopt uniform rules of procedure. Each house may choose its officers and employees. Each is the judge of the selection and qualifications of its members and may expel a member with the concurrence of two-thirds of its members. Each shall keep a journal of its proceedings. A majority of the membership of each house constitutes a quorum to do business, but a smaller number may adjourn from day to day and may compel attendance of absent members. The Parliament shall forbid any and all lobbying. Those persons who wish to influence legislation should do so through the proposed system of informed on-line referendums.
14. Form of Bills
Every bill shall be confined to one subject unless it is an appropriation bill or one codifying, revising, or rearranging existing laws. Bills for appropriations shall be confined to appropriations. The subject of each bill shall be expressed in the title. The enacting clause shall be: “Be it enacted by the British Parliament.” No enactment shall occur without the expressed approval of a popular informed referendum. In only a national emergency shall the Monarch be able to grant such permission.
15. Passage of Bills
The Parliament shall establish the procedure for enactment of bills into law. No bill may become put to a Popular Informed Referendum unless it has passed three readings in each house on three separate days, except that any bill may be advanced from second to third reading on the same day by concurrence of three-fourths of the house considering it. No bill may be put to a Popular Informed Referendum without an affirmative vote of a majority of the membership of each House. The yeas and nays on final passage shall be entered in the record of Parliamentary Proceedings.
16. Veto
The Monarch may veto bills passed by the Parliament. They may, by veto, strike or reduce items in appropriation bills. They shall return any vetoed bill, with a statement of objections, to the House of origin.
17. Action Upon Veto
Upon receipt of a veto message during a regular session of the Parliament, Parliament shall meet immediately in joint session and reconsider passage of the vetoed bill or item. Bills to raise revenue and appropriation bills or items, although vetoed, become law by affirmative vote of three-fourths of the membership of the Parliament. Other vetoed bills become law by affirmative vote of two-thirds of the membership of the Parliament. Bills vetoed after adjournment of the first regular session of the Parliament shall be reconsidered by the Parliament sitting as one body no later than the fifth day of the next regular or special session of that Parliament. Bills vetoed after adjournment of the second regular session shall be reconsidered by the Parliament sitting as one body no later than the fifth day of a special session of that Parliament, if one is called. The vote on reconsideration of a vetoed bill shall be entered on the journals of both houses.
18. Bills Not Signed
A bill becomes law if, while the Parliament is in session, the Monarch neither signs nor vetoes it within fifteen days, Sundays excepted, after its delivery to the Monarch. If the Parliament is not in session and the Monarch neither signs nor vetoes a bill within twenty days, Sundays excepted, after its delivery to him, the bill may be presented for a popular informed referendum
19. Effective Date
Laws approved by the appropriate popular informed referendum become effective ninety days after that enactment. The Monarch may, by concurrence of two-thirds of the membership of each house, provide for an earlier effective date.
20. Local or Special Acts
The Parliament shall promote no local or special act if a general act can be made applicable. Whether a general act can be made applicable shall be subject to judicial determination. Local acts necessitating appropriations by a political subdivision may not become effective unless approved by an informed popular referendum voting thereon in the subdivision affected.
21. Impeachment
All civil officers of the State are subject to impeachment by the Parliament. Impeachment shall originate in the House of Peers and must be approved by a two-thirds vote of its members. The motion for impeachment shall list fully the basis for the proceeding. Trial on impeachment shall be conducted by the House of Commoners. A supreme court justice designated by the court shall preside at the trial. Concurrence of two-thirds of the members of the house is required for a judgment of impeachment. The judgment may not extend beyond removal from office, but shall not prevent proceedings in the courts on the same or related charges.
22. Parliament shall establish procedures for suits against the State.
23. The Parliamentary Constituency shall form the second tier of administration. Each will concern itself with the welfare and good order of its area and people. Each will form an administrative council of which the Parliamentary MP shall also be a member. The Council will be the local executive agent of the national executive in matters of policing, education, health, hosuing, social care and other such matters as decreed by Parliament and endorsed by an informed referendum.
24. The Ombudsman
Parliament will establish an Ombudsman service in every Constituency, the purpose being to give voice and redress if necessary to genuine personal complaints against any government or other civil service.
Article III – The Executive
1. Executive Power
The executive power of the State is vested in a Constitutional Monarchy. The principle remains that a Constitutional Monarch reigns: they do not rule.
2. The Monarch: Qualifications
The Monarch shall normally be at least thirty years of age and a qualified voter of the State. They shall be a born of member of the traditional British royal family and have been next in line for the throne.
3. Selection.
Parliament must be satisfied that the incumbent, or proposed incumbent, is ready, willing and able for the role being sound in body and mind and accepting of the responsibilities, duties, obligations, standards and ethics required of the majesterial role. Candidates that Parliament finds not to be of such calibre shall be by-passed in favour of the next in line and eligible royal personage. Parliament’s decision must be supported by a majority of the people in an Informed Referendum.
4. Term of Office
The Monarch’s reign shall end upon death or disability or at the age of eighty, or earlier if Parliament so decrees on the grounds of incapacity. This decree must have the support of an Informed Referendum.
5. Limit on Tenure
A Monarch that has lost the support of People and Parliament must be replaced forthwith.
6. Dual Office Holding
The Monarch shall not hold any other office or position of profit.
7. Deputy Monarch Duties
There shall be a Deputy Monarch. They shall have, or be gaining, the same qualifications as the Monarch and readying themselves to perform such duties as may be prescribed by law and as may be delegated to them by the Monarch.
8. Selection.
Typically the Deputy Monarch shall be the next in line for the Monarchy.
9. Acting Monarch
In case of the temporary absence of the Monarch from office, the Deputy Monarch shall serve as acting Monarch.
10. Succession: Failure to Qualify
If the Monarch dies, resigns, or is disqualified, the Deputy Monarch shall succeed to the office of Monarch for the full term.
In the absence of a successor parliament must locate the the nearest approriate royal relative who is ready. williing and able to undertake the Monarchial role
11. Vacancy
There shall be no vacancy in succession. The tradition remains that: The Monarch is dead: long live the Monarch
12. Absence
Whenever for a period of six months, the Monarch has been continuously absent from office or has been unable to discharge the duties of his office by reason of mental or physical disability, Parliament will appoint the successor. The appointment must gain the approval of an Informed Referendum
13. Title and Authority
When the Deputy Monarch succeeds to the office of Monarch, they shall have the title, powers, duties and emoluments of that office
14. Compensation
The compensation of the Monarch and the Deputy Monarch shall be prescribed by law and shall not be diminished during their term of office, unless by general law applying to all salaried officers of the State.
15. The Monarch’s Authority
The Monarch is the Head of the State of Britain and also the Symbol of the State of Britain. All laws shall be executed in their name and all government activities shall maintain and honour the tradition of On Our Majesty’s Service. The Monarch is responsible for the faithful execution of the laws. They may, by appropriate court action or proceeding brought in the name of the State, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty, or right by any officer, department, or agency of the State or any of its political subdivisions. This authority shall not be construed to authorise any action or proceeding against the Parliament. The Monarch shall nominally maintain and preserve the tradition of owning all the land, sea and air of Britain, exercising that role only at the behest of both Parliaments in order to be the final arbiter of any unresolved disputes.
16. Convening Parliament.
Whenever the Monarch considers it in the public interest, they may convene the Parliament, either house, or the two houses in joint session.
17. Messages to Parliament
The Monarch shall, at the beginning of each session, and may at other times, give the Parliament information concerning the affairs of the State and recommend the measures they considers necessary.
18. Military Authority
The Monarch is commander-in-chief of the armed forces of the State. All armed personnel shall first swear an oath of loyalty to the Monarch, Parliament and the British Nation. The Monarch may call out these forces to execute the laws, suppress or prevent insurrection or lawless violence, or repel invasion. The Monarch, as provided by law, shall appoint all general and commissioned officers of the armed forces of the State, subject to confirmation by a majority of the members of the Parliament in joint session. The Monarch shall appoint and commission all other service officers.
19. Martial Law
The Monarch may proclaim martial law when the public safety requires it in case of rebellion or actual or imminent invasion. Martial law shall not continue for longer than twenty days without the approval of a majority of the members of the Parliament in joint session.
20. Executive Clemency.
Subject to procedure prescribed by law, the Monarch may grant pardons, commutations, and reprieves, and may suspend and remit fines and forfeitures. This power shall not extend to impeachment. A parole system shall be provided by law.
21. Executive Branch
All executive and administrative offices, departments, and agencies of the state government and their respective functions, powers, and duties shall be allocated by law among and within not more than twenty principal departments, so as to group them as far as practicable according to major purposes. Regulatory, quasi-judicial, and temporary agencies may be established by law and need not be allocated within a principal department. However, Parliamentary Scrutiny requires that each distinct State agency must have a serving House Member on its Board of Management. Such House Members shall not serve on the Board of more than one agency. The Monarch shall make all such appointments and, where deemed necessary, dismissals
22. Reorganisation
The Monarch may make changes in the organization of the executive branch or in the assignment of functions among its units which they considers necessary for efficient administration. Where these changes require the force of law, they shall be set forth in executive orders. The Parliament shall have sixty days of a regular session, or a full session if of shorter duration, to disapprove these executive orders. Unless disapproved by resolution concurred in by a majority of the members in joint session, these orders become effective at a date thereafter to be designated by the Monarch.
23. Supervision
Each principal department shall be under the supervision of the Monarch.
24. Department Heads
The head of each principal department shall be a single executive unless otherwise provided by law. They shall be appointed by the Monarch, subject to confirmation by a majority of the members of the Parliament in joint session, and shall serve at the pleasure of the Monarch, except as otherwise provided in this article with respect to the secretary of state. The heads of all principal departments shall be full citizens and voters of Great Britain.
25. Boards and Commissions
When a board or commission is at the head of a principal department or a regulatory or quasi-judicial agency, its members shall be appointed by the Monarch, subject to confirmation by a majority of the members of the Parliament in joint session, and may be removed as provided by law. They shall be citizens of Great Britain. The board or commission may appoint a principal executive officer when authorised by law, but the appointment shall be subject to the approval of the Monarch.
26. Recess Appointments
The Monarch may make appointments to fill vacancies occurring during a recess of the Parliament, in offices requiring confirmation by the Parliament. The duration of such appointments shall be prescribed by law
The Judiciary
1. Judicial Power and Jurisdiction
The judicial power of the State is vested in a supreme court, a superior court, and the courts established by the Parliament and confirmed by an informed referendum. The jurisdiction of courts shall be prescribed by law. The courts shall constitute a unified judicial system for operation and administration. Judicial districts shall be established by law. The Constitution applies to England; and also to Wales and Scotland except in cases where Wales and Scotland have devolved powers and practices in relevant legal matters.
2. Supreme Court
(a) The supreme court shall be the highest court of the State, with final appellate jurisdiction. It shall consist of three justices, one of whom is chief justice. The number of justices may be increased by law upon the request of the supreme court.
(b) The chief justice shall be selected from among the justices of the supreme court by a majority vote of the justices. Their term of office as chief justice is three years. A justice may serve more than one term as chief justice but he may not serve consecutive terms in that office.
3. Superior Court
The superior court shall be the trial court of general jurisdiction and shall consist of five judges. The number of judges may be changed by law.
4. Qualifications of Justices and Judges
Supreme court justices and superior court judges shall be citizens of the Great Britain, licensed to practice law in the State, and possessing any additional qualifications prescribed by law. Judges of other courts shall be selected in a manner, for terms, and with qualifications prescribed by law.
5. Nomination and Appointment
The Monarch shall fill any vacancy in an office of supreme court justice or superior court judge by appointing one of two or more persons nominated by the judicial council
6. Approval or Rejection
Each supreme court justice and superior court judge shall, in the manner provided by law, be subject to approval or rejection on a nonpartisan ballot at the first general election held more than three years after his appointment. Thereafter, each supreme court justice shall be subject to approval or rejection in a like manner every tenth year, and each superior court judge, every sixth year.
7. Vacancy
The office of any supreme court justice or superior court judge becomes vacant ninety days after the election at which they are rejected by a majority of those voting on the question, or for which they fail to file their declaration of candidacy to succeed themselves.
8. Judicial Council
The judicial council shall consist of seven members. Three attorney members shall be appointed for six-year terms by the governing body of the organized British bar. Three non-attorney members shall be appointed for six-year terms by the Monarch subject to confirmation by a majority of the members of the Parliament in joint session. Vacancies shall be filled for the unexpired term in like manner. Appointments shall be made with due consideration to area representation and without regard to political affiliation. The chief justice of the supreme court shall be ex-officio the seventh member and chairman of the judicial council. No member of the judicial council, except the chief justice, may hold any other office or position of profit. The judicial council shall act by concurrence of four or more members and according to rules which it adopts
9. Additional Duties
The judicial council shall conduct studies for improvement of the administration of justice, and make reports and recommendations to the supreme court and to the Parliament at intervals of not more than two years. The judicial council shall perform other duties assigned by law.
10. Commission on Judicial Conduct
The Commission on Judicial Conduct shall consist of nine members, as follows: three persons who are justices or judges of state courts, elected by the justices and judges of state courts; three members who have practiced law in this state for ten years, appointed by the Monarch from nominations made by the governing body of the organized bar and subject to confirmation by a majority of the members of the Parliament in joint session; and three persons who are not judges, retired judges, or members of the British bar, appointed by the Monarch and subject to confirmation by a majority of the members of the Parliament in joint session. In addition to being subject to impeachment under section 12 of this article, a justice or judge may be disqualified from acting as such and may be suspended, removed from office, retired, or censured by the supreme court upon the recommendation of the commission. The powers and duties of the commission and the bases for judicial disqualification shall be established by law
11. Retirement
Justices and judges shall be retired at the age of seventy except as provided in this article. The basis and amount of retirement pay shall be prescribed by law. Retired judges shall render no further service on the bench except for special assignments as provided by court rule.
12. Impeachment
Impeachment of any justice or judge for malfeasance or misfeasance in the performance of his official duties shall be according to procedure prescribed for civil officers.
13. Compensation
Justices, judges, and members of the judicial council and the Commission on Judicial Qualifications shall receive compensation as prescribed by law. Compensation of justices and judges shall not be diminished during their terms of office, unless by general law applying to all salaried officers of the British State.
14. Restrictions
Supreme court justices and superior court judges while holding office may not practice law, hold office in a political party, or hold any other office, or its political subdivisions. Any supreme court justice or superior court judge filing for another elective public office forfeits his judicial position.
15. Rule-Making Power
The supreme court shall make and promulgate rules governing the administration of all courts. It shall make and promulgate rules governing practice and procedure in civil and criminal cases in all courts. These rules may be changed by the Parliament by two-thirds vote of the members selected to each house.
16. Court Administration
The chief justice of the supreme court shall be the administrative head of all courts. They may assign judges from one court or division thereof to another for temporary service. The chief justice shall, with the approval of the supreme court, appoint an administrative director to serve at the pleasure of the supreme court and to supervise the administrative operations of the judicial system.
Suffrage
1. Qualified Voters
Every citizen of Great Britain who is at least twenty five years of age, who meets registration residency requirements which may be prescribed by law, and who is qualified to vote under this article shall be enitled to vote in any referendum. Persons who achieve half or more marks in the pre vote test of satisfactory knowledge and understanding of the relevant issues may claim two votes in any state or local informed referendum. Those who gain a perfect score in such a test may claim three votes. A voter shall have been, immediately preceding the election, a law-abiding three year resident of the election district in which they seeks to vote.
2. Disqualifications
The principle of Universal Suffrage is enshrined for all citizens, but with the following exceptions: No person may vote who has been convicted of a felony involving moral turpitude unless his civil rights have been restored. No person may vote who has been judicially determined to be of unsound mind unless the disability has been removed.
3. Methods of Voting.
Methods of voting, including absentee voting, shall be prescribed by law. Secrecy of voting and security shall be preserved. The procedure for determining eligibility to participate in any informed referendum shall be prescribed by law. There shall be no legal right of appeal where a vote is restricted to one vote only on account of a failure to pass the test of knowledge and understanding of the relevant issues.
4. Methodology & The test of Knowledge and Understanding.
Parliament will devise and oversee a swift, safe, secure and secret balloting system along the following lines:
Six months before the relevant referendum Parliament will formulate and promulgate the wording of the statutory test of knowledge and understanding of the main issues involved in the proposed referendum. The test will also supply satisfactory answers. There will then follow thirty days for Parliament to receive reasoned suggestions from the public about refinements and amendments to the test. Parliament shall then have thirty days to produce the final test, together with satisfactory answers. This test, with satisfactory answers, shall then be available to all four months before the relevant informed referendum. That test must be sat and passed by voters wishing for more than one vote immediately before the vote is cast.
Voting.
To facilitate and expedite what otherwise might be a cumbersome and lengthy process all voting will be online at domestic or public or other registered and secure electronic terminals. Voters who wish to sit the test may have three attempts to pass it, the results of which will be instantaneous. If successful they must then enter their unique voter identity and enter their choice on the appropriate yea or nay virtual ballot paper. The voting shall take place over twenty four hours, the final national result to follow within one hour.
Up to three informed referendums may take place on the same day depending upon the complexity of the issues.
Informed Referendums.
a. All registered voters have the right to petition Parliament to set up an informed referendum on any issue.
b. In order to promote the smooth running of the country and its affairs Parliament has the duty to formulate appropriate new laws, which then must be presented for an informed referendum that must be passed by a majority in order to gain the Monarch’s approval.
c. A test of pertinent Knowledge and Understanding shall be devised by Parliament and publicised to be used to qualify voters.
d. There shall be five years between a failed referendum and another one on the same or very similar subject.
Legislative Apportionment
1. Parliamentary House Composition
There shall be 500 Members of the House of Peers. Each shall have been selected by the qualified voters of their respective occupations. They must be persons aged over sixty, of good repute, and ready, willing and able to serve the nation faithfully and well for up to ten years or their eightieth birthdays which ever comes first. At which point they shall stand down in favour of their replacement. For these purposes the national labour force will be subdivided into 499 distinct categories of Peerage Seats encompassing as many of the workers as is practical and possible. A final catchall category shall encompass all other persons who are not already subsumed as members of one the other 499 Peerage Seats.
There shall be 500 Members of the House of Commoners. They shall be selected by sortition for a period of ten years. Their appointment is conditional upon an impartial and competent Constituency sortition committee being convinced of their readiness, willingness and ableness.
The country shall be subdivided into 500 selectoral Constituencies; each constituted regardless of population density and founded as far as is practical and possible upon traditional and shared community history, tradition, dialect and pride. Each member of the House of Commoners shall have been gainfully employed and resident in that Constituency for at least ten years - and preferably born and brought up there.
Health, Education and Welfare
The Parliament shall pass measures to benefit and protect the public from the six ‘evil giants’ of ignorance, squalor, want, idleness, disease and crime. A basic and universal provision shall be that of an appropriate, adequate and morally just cradle to grave high quality, free at the point of use (where relevant) education, housing, mental and physical health care, worthy gainful employment, an assured income, all within a safe and friendly environment. The principal executive agency for such provision shall be the five hundred Parliamentary Constituencies.
1. Public Education
In order to minimise social division and to maximise the level of education for all the Parliament shall by general law require and enable every Constituency to provide and maintain a single, compulsory, genuinely comprehensive, very high standard, system of public schools open to all children of the State up to and including the age of 21 years of age. Within that provision there shall be further specialised and appropriate and adequate provision for young persons with special needs and talents. In the interests of social unity no other form of schooling shall exist. Every scholar shall receive adequate and appropriate training to maximise their adult interdependence, worthwhile contribution to society; and their morally sound self-realisation.
In all cases the management of every school shall be Collegiate, including all its academic and professional staff and a proportion of students’ parents and of students over the age of 14. Those together may appoint a representative smaller body for the day-to-day management. The Constituency Member shall be an ex officio member of every such Collegiate Board in their Constituency. For this purpose the Member may delegate their role to a fully competent assistant.
Compulsory informal education in the form of a high quality kindergarten system will be created for all children over two and under seven years. Compulsory formal schooling will take place from ages seven until fourteen. There will be a wide and liberal core of subjects and activities to ensure a rounded education and especially to achieve a high minimum universal capacity in numeracy, literacy and in the best of British traditions and ideals of responsible citizenship. At age 14 young people who have provenly achieved satisfactory standards in the key subjects may opt either to undertake a carefully supervised apprenticeship in the skills of their choice, or to complete their academic studies in order to qualify for occupations and professions requiring further and higher education in the subjects and areas of their preference. This system shall be sufficiently flexible to enable bright scholars to complete a quality undergraduate degree granted by a licenced and high quality academic instutution before their 21st birthday.
In order to promote and preserve excellence higher degrees will be obtainable from only twelve designated and approved superior universities.
To enable this Parliament will set up and supervise a high quality and universally adopted national curriculum complete with all teaching materials and available both physically and on-line free of charge and available to all throughout life.
2. Public housing.
In order to minimise social division Parliament shall by general law require and enable every Constituency establish and maintain an adequate provision of publicly owned sound and suitable dwellings for every law abiding citizen. To that end private ownership of such property will be gradually phased out.
3. Want.
In order to minimise social division The Parliament shall by general law require and enable every Constituency to maintain and provide every law abiding citizen with access to an income sufficient for their reasonable needs where for whatever good reason they cannot for themselves find and sustain acceptable gainful employment.
4. Idleness.
In order to minimise social division The Parliament shall by general law require and enable every Constituency to create and maintain a level of worthwhile industry and occupation sufficient to meaningfully engage its citizenry in adequately remunerated work. All citizens will be encouraged and enabled to become enterprising, creative and economically self-reliant in morally acceptable ways. A Social Service force will be the employer of last resort. It will engage its people on paid community benefit work.
It shall be the reciprocal right and responsibility of every citizen to, where possible, undergo the required training to perform paid work in a worthwhile and morally acceptable occupation of their choice.
There shall be no voluntary unemployment. All who are below retirement age, sound of mind and limb and otherwise unencumbered and who can usefully contribute will be expected to do so somehow and in a valid manner appropriate to them, to their abilities and to the needs of local services.
5. Disease.
In order to minimise social division and to maximise the mental and physical health of the general population the Parliament shall by general law require and enable every Constituency to provide and maintain a system of total community health care within an overall system of a National Health Service The prime statutory obligation will be to promote the prevention of disease and illness. The progressive elimination of degrading and clinically bad diets, bad environments, bad conditions, drug abuse and other bad habits will be promoted alongside the provision and encouragement of their beneficial opposites.
6. Crime.
In order to minimise social division and the disfigurement of society The Parliament shall by general law require and enable every Constituency to provide and maintain a system of justice based within the overall structure of British law upon the principles of the prevention and detection of crime, the elimination of the need for crime, the re-education of law breakers and their retribution to their victims.
7. Drug misuse.
New Leveller policy is to discourage and eventually eliminate all versions of crime against the self, or self-harm. Such conduct has many serious consequences for far more than the self-harmer. For this reason penalties for supplying and dealing in illegal drugs will not be trivial. But consumption will become a health matter rather than a criminal one.
To that end the National Health Service will set up and run self financing drug clinics that will sell all ‘life style’ drugs at a cost below the ‘street’ price, The potions must be consumed on the premises, the potions ‘clean’ and the consumer’s health monitored. In this way it is hoped the drug traffickers and barons will lose their market and cease to operate in Britain; the more so as the punishments for suppliers and dealers will border on the Draconian, being exemplary and discouraging. Drug use will be regarded as a health issue, but the remedial steps will be compulsory and insistent, involving psychological, welfare and social support as well as clinical.
Natural Resources
1. Statement of Policy.
In order to minimise social and wealth division The Parliament shall by general law assert that the British Crown shall retain the default ownership of all British lands and also of sea beds and waters and areas within internationally agreed boundaries. On that basis Parliament shall progressively replace all other apparent and notional private ownership of land and housing with its community ownership: the area and its use to be managed within national guidelines and for everyone’s benefit and consistent with optimal mutual interest, by the relevant Constituency.
2. Sustained Yield.
Fish, forests, wildlife, grasslands, ocean beds and waters and all other replenishable resources shall belong to the Crown to be utilized, developed, and maintained on the sustained yield principle, subject to preferences among beneficial uses.
3. Facilities and Improvements.
Parliament may provide for facilities, improvements, and services to assure greater utilization, sustainable development, reclamation, and settlement of lands, and to assure fuller utilization and development of natural resources
4. Special Purpose Sites.
Parliament may provide for the acquisition of sites, objects, and areas of natural beauty or of historic, cultural, recreational, or scientific value. It may reserve them from the public domain and provide for their administration and preservation for the use, enjoyment, and welfare of the people.
5. Leases.
Parliament may provide for the leasing of, and the issuance of permits for exploration of, any part of the public domain or interest therein, subject to reasonable concurrent uses. Leases and permits shall provide, among other conditions, for payment by the party at fault for damage or injury arising from noncompliance with terms governing concurrent use, and for forfeiture in the event of breach of conditions.
All leases shall contain such reservations to the Crown of all resources as may be required by Parliament and shall provide for access to these resources. Reservation of access shall not unnecessarily impair the lease holder’s use, prevent the lawful and reasonable control of trespass, or preclude compensation for damages.
7. Public Notice.
No disposals or leases of Crown lands, or interests therein, shall be made without prior public notice and other safeguards of the public interest as may be prescribed by law.
8. Mineral Rights, Leases and Permits
All mineral, oil, gas and other subsurface rights, whether on land or at sea, shall belong to the Crown. Parliament may approve the use of and set the conditions for the exploitation of such resources via leases with appropriate fees set to benefit the nation’s community chest.
9. Water Rights and Access to Navigable Waters.
All surface and subsurface waters are reserved to the Crown for traditional, proper and common use and enjoyment, except mineral, medicinal waters and those resources attached to the properties’ traditional private use unless specific permission is granted by the legal occupier. Except for public water supply, an appropriation of water shall be limited to stated purposes and subject to preferences among beneficial uses, concurrent or otherwise, as prescribed by law, and to the general protection and reservation of aquatic and other wildlife.
10. The Right to Roam, swim, sail or otherwise enjoy Crown lands.
No lawfully proceeding person shall be involuntarily divested of the right to the use of Crown waters or lands where their actions cause neither physical damage nor infringe the legally granted superior rights of others.
11. Animal Rights.
Traditional activities involving living creatures such as fishing, shooting, hunting with hounds, or other such country and rural activities involving the abuse or misuse, whether deliberate or accidental, of living creatures are forbidden. There shall be no right to set out to or to actually inflict harm or distress on any living creature for pleasure or sport. Parliament will prescribe severe punishment for all who deliberately harm or neglect animals.
{CAVEAT: No element of this Constitution may be implemented without the expressed and informed agreement of two thirds of the electorate (not merely of the votes cast). For that reason elements of this the New Leveller British Constitution (NLBC) may be phased in - perhaps over a generation or two. ‘New Leveller-ism’ is an evolution, not a revolution. This Constitution is predicated upon that understanding}.
Appendix 1. By Great Britain is meant England, Scotland and Wales. Ireland is welcome to join on equal terms if its informed people so wish).
Appendix 2. Universal adult suffrage is possessed by all law abiding and informed citizens aged 25 years and over, and being of sound mind.
Appendix 3. In order to constitute the House of Peers Parliament shall divide the working population of the nation into four hundred and ninety nine mutually exclusive categories based upon function with a five hundredth catch-all category for the remaining uncategorised occupations. Every ten years each category will elect from amongst its most experienced members its Peer. The intention here is that the nation will benefit from the wisdom and experience of its finest minds. Unsatisfactory Peers may be replaced by the same process.
In order to constitute the House of Members each of the five hundred constituencies will select one of its own ready, willing, resident and able citizens as juries are chosen: by sortition. Each Member of Parliament will serve for a maximum of ten years. A constituency may replace any member found to be unsatisfactory in service.
Appendix 4, Parliament shall no longer be both the maker and the taker of decisions. Democracy requires that The People take all the big (as determined by the Supreme Court) decisions through free, open, nationwide Informed Referendums. By such means the People become the final arbiters of all laws and statutes and democracy is achieved.
Appendix 5. A law abiding British citizen or legal resident is necessarily one who whole heartedly and conscientiously subscribes to the common ethic and culture and outlook that identifies Britishness and which distinguishes the British people from any other nationality.
Appendix 6. Religious beliefs and practices, being divisive of the population, shall have no part to play in public affairs. Similarly, politics shall have no part to play in religious and spiritual matters provided the law of the land is adhered to and not broken in either spirit or practice.
Appendix 7. The distinction between verifiable fact and/with personal opinion, speculation or other commentary must always be made quite clear.
Appendix 8. The establishment of the whole truth is the primary aim of all legal proceedings. Dealing justly with offenders and their victims comes a very close second. A victim’s rights shall always take precedence over the any rights remaining to the guilty party. Those who break the law shall thereby lose such basic rights as the courts may decide.
{At this point the Constitution temporarily concludes awaiting formalisation of some of the many ideas and others yet to be made, some of which now follow}.
The Economy
The New Leveller definition of Economics is based upon the Gandhian observation that ‘the world is big enough to supply our needs, but not also our greeds.’ New Levellers understand and accept sound economics to be ‘the art and science of the ethically and ecologically sustainable use of the nation’s and planet’s natural and human resources for the creation and equitable distribution of a shared and morally founded wealth that enables and enhances a worthwhile personal and communal self reliance and a contented society at ease with its self and its neighbours - and thereby to assist other nations towards a similar goal – and all within an open, fully involved and genuinely informed democratic system’. From this stance it may be correctly gathered that New Leveller economics breaks with the tradition economics steering clear of moral and ethical value judgements.
New Levellers therefore encourage worthwhile and morally sound entrepreneurship, invention, creation and innovation, but all preferably within a system of collaboration and cooperation rather than competition, leaning heavily towards community ownership rather than private, and favouring positive sharing and caring over negative selfishness and greed. To those ends New Levellers define real wealth as ‘those earned and worthwhile assets which we can take with us when we die ‘–such as a good reputation, a life well and kindly lived, the love of friends and family, and a clear conscience with few regrets. Thus we value Spiritual wealth far above Material wealth. For New Levellers a saintly low income nurse is of far more value than a high earning fat-cat asset stripper. Accordingly, a New Leveller Society aims at achieving such ends, but is realistically aware that the process of moving mind sets from greeds to needs may require several human generations of education to generate and universalise such a brave and beneficial new world.
Money
Once a totally secure artificial intelligence and electronic communication is achieved the physical British Pound will be replaced by the virtual British Pound, or BP or BoB from a newly created Bank of Britain. In order to control the amount of BOBs in ‘circulation’ all private banks will be merged into a single publicly owned BoB. In this way only BoB will be able to create money (as a counter to the current 97% of money currently produced by private banks). The BoB will record every transaction no matter how small and note the current ownership of every BoB. It will increase or decrease the supply of BPs on an hourly basis to avid inflation or deflation whenever practical and desirable. There will be a limit set on credit and debit balances to discourage conspicuous, illegal, debt-based, or other detrimental consumption. Gambling of any sort will be proscribed. Excessive BP accumulations will become a forced loan to the Bank of Britain; while negative balances will require the owner to mend their ways. Every citizen will have a debit card and instant access to their balance via secure electronic device. Wages and other incomes will be paid into the private account; and all expenditure will be withdrawn from it. There are several huge advantages to be gained from such a move.
1. The Inland Revenue taxation computer will have access to this data. The appropriate tax will be deducted daily from balances. Annual tax returns, tax offices and tax consultancies will thus become redundant. There will, of course, be simplified avenues for valid objections and corrections.
2. Bad debts will become impossible.
3. Crime will rapidly diminish as the ownership and source of any wealth becomes immediately clear and public. It should be noted that with such a practice a great deal of criminal activity ranging from mugging and drug dealing to burglary, fraud and counterfeit will be come transparent, identifiable, detectable and therefore greatly discouraged and diminished. There will thus be a significant saving on police, legal and prison services, and especially of human misery. Crimes not involiving money will. Sadly, still occur.
Employment
As Aristotle observed over two thousand plus years ago a major characteristic of a democracy was and remains the absence (of the need for) begging. New Levellers agree and will provide suitable training and occupation for all between school leaving and pension age. By suitable we mean socially and economically and morally worthwhile and within the recipient's abilities. This prescription obviously excludes the genuinely and severely physically and or mentally incapable. For them we must remain 'our brother's keeper'.
Entrepreneurial activities
A modern nation relies ever more heavily upon the use of brains. Successful and profitable invention, innovation, development, creation and entrepreneurship are vital for our comfortable survival. As long as the aims and means are not morally dubious there is every reason to support the golden geese that lay the golden eggs upon which British society depends. Accordingly enterprise is encouraged and wealth creators are entitled to the fruits of their worthy and legitimate efforts. However, conspicuous wealth and consumption is divisive- the more so when those who have not themselves generated that wealth nevertheless benefit personally from it. The Scottish American Industrialist-Philanthropist Andrew Carnegie set the correct example by declaring in effect that ‘people who die rich have lived poorly’. His example has been followed by others such as Bill Gates of Microsoft whose offspring will inherit little or nothing. Another billionaire who shared those views is Yvon Chouinard, US founder of the Patagonia outdoor brand. He gave his all to a charitable trust. Such people are embarrassing models for the greedy, selfish, ‘entitled’ highly divisive rich and their families. Such persons fail to realise that their fortunes required the efforts of many often unpaid or poorly paid members of our organised society and who are, therefore fully entitled to share in that fortune. New Levellers prefer the former to the latter and the proposed British economic system will reflect this trend to share out one’s good fortune rather than keep it all to oneself, one’s family and one’s friends. Of course if the wealthy invest their time and resources into creating yet more morally and economically sound worthwhile industries – especially those geared to reducing our need to import goods and services that we can now provide for ourselves (or if their effort goes into creating and successfully exporting worthwhile goods and services) then taxation no longer applies as their wealth has been socially invested.
However. New Levellers recognise that several socially and economically useful activities such as sewerage, energy, water, railways, roads, education, government, security and defence are ‘natural’ monopolies. As such they are not best, British experience repeatedly proves, handled through the market mechanism. Instead and where possible each instead will be a nationwide activity with the detail being handled best within each Constituency and by those trained and engaged in that activity-its staff.
New Levellers favour taxing vice (such as conspicuous, wasteful or extreme consumption; greed; gambling; and conspicuous consumption) rather the virtue (such as hard work, dangerous work, charitable work and morally sound and beneficial creative, innovative or other worthy activities).
The successful entrepreneur is entitled to their fortune provided it has been legally and morally acquired; however that does not apply to the family or descendants where that has been unearned income and is therefore liable to 100% taxation.
Likewise, foreign investment into Britain is welcome for the work and wealth it produces; however excess and windfall type profits are liable to 100% taxation on monies that are removed from Britain, but not if those sums are invested in sound and sustained wealth creation in Britain.
Exception
The only exception to the no-inheritance approach will be for the direct heir(s) to to the throne – but not to any other members of the Royal family. The heir already has a job to do: (learning how to be a good monarch) and must undertake many duties, thus lacking time for any other steady work. That is not so for the other members. These will be expected to earn their living like any other of the Monarch’s subjects.
Emolument
To repeat: over time the New Levellers will live up to that title by gradually reducing the many unfair and problematic gaps between members of society in terms of opportunity, education, housing, health, resources and of course material wealth. The final aim is a universal pay scale with a minimal difference between the highest and lowest net incomes.
Monarch versus Presidency
Monarchs are a. trained from birth for the role. b. Monarchs are above politics; are the national figure head and so represent all the people and thus can unite the whole nation. c. Monarchs can be removed legally by Parliament and people
.
Presidents are directly elected and are a. Untrained. b. Are political appointments representing divisions in society and so cannot unite the nation. c. Presidents cannot be removed legally and easily by Parliaments.
Other tiers of government
(NB. Scotland and Wales will continue to enjoy a large degree of self rule as before. England will also have its own devolved administration).
The Constituency.
Britain will be divided into 500 constituencies, each with its own selected Member of Parliament. These each will have a place on the Constituency Council (CC). The CC is composed of local people selected and with terms similar to that of the MP. Each will have a portfolio and special responsibility for a local authority office. As with Parliament these CC s will function in a collegiate manner, choosing from amongst their number the most suitable person for any given task or duty. They will be the link between the CC staff and the general public.
2. The Parish or Locality Councils.
These will exist in all areas and be the agents of the Constituency Councils and deliver local services to local people.
The members of the Locality Councils will be selected by sortition and remunerated for their services. Their conditions of service will be much as for the other layers of public service organisations.
Dead wood removal
A major New Leveller observation is that Political Parties and Trade Unions (not pressure groups) exist only because their society has failed to find better ways of enabling people to persuade Parliaments to attend to grievances and advance improvements in conditions. New Levellers hope to solve that problem by creating Parliaments that make the needed decisions in response to popular pressures; but then also creating informed referendums that enable the people to finally take (or reject) proposed laws and rules. By such means Political Parties and the various types of Trade Unions become redundant.
Thus the informed public will henceforth have the last word on all new and proposed legislation. In this way a true democracy of informed people has at last been generated.
The European Union, EU.
The popular decision to leave the EU is approved by the New Levellers for several reasons, the principal one being that our entry into it was taken without public blessing by one of the worst PMs the UK has ever had. Almost as important is the fact that the EU is not a democratic Union. For example none of its five Presidents were/are directly elected by the people.
The problem of getting regular and substantial agreement between 28 countries, speaking 40 languages (each with its own culture and sub cultures) and a diverse electorate of at least 30 million voters is understandably insurmountable and explains why the EU was doomed from the start. Had it remained a simple mutual defence and trading bloc as the New Levellers want and will join then that is different. A replacement European Confederation based on the twin pillars of trade and defence is acceptable.
Who are the mid 21C New Levellers?
The New Levellers include all informed and loyal adult British citizens who follow in the footsteps of the mid 17C Levellers in Britain in wishing to improve the lives and prospects of all ordinary people by reducing the avoidable, unnatural and unworthy differences between and amongst fellow human beings. Being true to that aim the New Levellers have neither leaders nor followers, instead we march together in harmony with enlightened and informed fellowship to the drum and spirit of the New Leveller Constitution. Being informed and therefore realistic we are aware that many of our plans and propositions are for the future rather than the present. We aim to benefit our descendants who, if we are successful, will (unlike many of us today) not be possessed by their possessions. They will not be distracted by trivia such as fame, popularity, skin-deep beauty, hunger for power; or blinded by today’s negative and stifling prejudices with their resulting problems that now beset and reduce so many of us.
New Levellers are thoroughly democratic and at all times accept the decisions of a properly and fully engaged informed electorate. We wish to promote both equity (fair play and justice) and equality (the absence of negative, avoidable and needless division, entitlement, superiority and greed). We aim to revive a mutually beneficial, interdependent, open and caring society. We have no political dogmas such as Marxism or Capitalism, or Liberalism. We are neither of the Left, the Right or the Centre. Instead we are far out in front of them all. We admit we propose to use the best relevant features of whichever system in the development of the hoped for successful, contented, equitable and convivial society. In so striving we stand firm against low standards of personal behaviour, of speech, of education, of citizenship, of social obligation, of regard for the truth and of respect for the Constitution and the Monarchy, and especially of our fellow citizens.
The New Levellers are not a Political Party in the traditional sense. As said earlier, they have no organisation, leaders, fees, rules or membership lists. Instead they share a common vision and urge everyone to support New Leveller ideals and promote New Leveller laws, attitudes, conduct, practices and legislation. Their hope is that all informed people are or will soon be New Levellers.
How is the New Leveller Constitution essential for our convivial survival?
When, over two thousand years ago, the Athenians developed democracy it was predicated upon at least two assumptions.
1. That key decisions would only be made by those people best suited to make them. In the case of Athens that meant only Athenian Greek adult male property holders. Thus no women, no slaves, no aliens, no immature persons and no bad people.
2. The second assumption was that their decisions would care for Athens far into the future. There was never a suggestion that the mere counting of heads (many of which might be less than full) was/is democracy. Today’s system in which the vote of a short-sighted ambitious ignoramus counts the same as the measured vote of a clear-headed, wise and experienced person would have made an Athenian shudder. Nor did Athenians have to think about losing their seats at the next election. Instead they could plan for the long term. Today’s typical short-termism as when visionary decisions such as tough and unpopular tax rises to fund total fuel security for succeeding generations are prevented because politicians don’t want to lose their cozy seats would have made those Athenian founders shake their heads in sorrow.
A successful New Leveller Society requires all able bodied and sound minded citizens to regard themselves as an active, contributing, crew member rather than as a passive, receiving, passenger.
And the nautical analogy continues: imagine two sinking passenger liners, their complements abandoning ship and clambering aboard life boats. In one set of lifeboats the passengers immediately begin to squabble and debate as to the best direction of travel and the best means of getting there. In the second set of lifeboats the passengers calmly decide which of their number is best qualified to decide where to head and the best way to do so. Which set of lifeboats is the more likely to make a successful landfall?
And there is a third useful maritime metaphor: imagine a luxurious river cruiser. It is fitted with all modern conveniences and its passengers are drawn from all three main sections of society, their accommodation apportioned accordingly: steerage, mid deck and upper deck for example. However, the vessel’s enlightened management while realistically recognising that no matter what it did people are individuals and some manage their affairs and lives better or worse than do others, has tried to ensure that each level of accommodation has, although varying in luxury, a satisfactory level of provision in terms of space, facilities, heating, lighting, seating, bedding, toilets, showers, windows cleaning and so on. That done the distinction between passengers almost ceases. All eat in the same dining saloon and access the same food, all are entitled to enjoy the arranged daily on-shore excursions and the ship’s entertainment, sun beds, deck chairs, pool and putting greens. All are there for all. A common language and a respectable level of dress and conduct is a condition of travel and an amiable atmosphere is encouraged so that all aboard, passengers and crew alike, may enjoy a largely shared and beneficial experience.
All aboard have chosen this vessel and its destination and rely upon a trained crew and an effective system to fulfill the promises made in the brochures. In short, the whole experience is in line with how the New Levellers wish a nation to function.
{That is not a perfect analogy of course as in the real world the passengers and crew are often the same people, but the willing collaboration, shared purpose and goodwill found on a such a river cruiser sets desirable tone}.
Rights and Responsibilities
There are at least two common myths that New Levellers scorn. The first is that one can have full human rights without also having observed the full reciprocal human duties and responsibilities.
Obviously a baby enjoys appropriate human rights from conception and the responsibilities element only arises with gathering maturity. However, the point is that if, for example, a person claims a human right to have children then that person cannot be permitted to ignore the reciprocal duty to adequately and faithfully love and properly care for those offspring. Likewise, a criminal demanding the human right to a fair trial and decent treatment in jail, must be reminded (compulsorily if necessary) of the obligation and responsibility here failed, to respect other humans and the law by not committing any crimes.
Mandela’s Myth.
The second myth is that of a Rainbow, multi cultural, ‘melting pot’, Society. That is, a society in which all may flourish as they see fit regardless of class, colour, creed, wealth, educational level and so on. Such a society is, while arguably desirable, is unarguably impossible. The ubiquity of the ‘salad bowl’ alternatives deny the existence of any sustained examples of a successful one. New Levellers take the firm view that its alternative, a uni cultural society is the way to go.
That Lifeboat Analogy is pertinent here.
Japan is perhaps our nearest society to a uni cultural one. Its reward is the longest life expectancy of any nation, the lowest crime, the best diet and the best medical care. Yet even Japan has its deficiencies that a New Leveller system would seek to avoid.
A society that avoids the negative divisions of dress, language, speech, religion, wealth, class and the like is far more likely to be calm, peaceful and happy. Diversity creates division, and division creates discord. Of course we are all entitled within the law and rules of culture to march to our own drum - but only where that doesn’t impede or threaten that same entitlement for others.
The correct ‘age of maturity’ is another area of New New Leveller concern
Traditionally one obtained ‘the keys of the door’ at 21. However, science shows that in fact our brains don’t mature until around 26, (or seemingly never in some sad instances). This fact should have consequences for when we are legally allowed to drive, drink, marry, have a child, vote, become a front-line warrior, borrow money, become a politician, and so on. Statistics show that teenagers have the worst record for car accidents, suicides, unwanted pregnancies, drug abuse, self-harm, street crime, knife attacks, vandalism, delinquency, running away from home and so on. The very idea of such inexperienced and immature minds having the vote is absurd. Teens may well be highly intelligent, but for big, life changing, decisions the wisdom of maturity and experience is essential. This must be recognised for the sake of the young as well of for society as a whole.
The New Levellers have progressive ideas in several other fields of human endeavour. One of interest to British lawyers is to replace the combative nature of so many criminal trials with a collaborative search for the truth. We will dispense with the absurdity that a lawyer is engaged to defend a guilty client despite knowing that they committed the offence. The real offence to society is a villain escaping justice via a legal trick or point of law. The truth must be be uncovered and prevail so that justice may be seen to be done.
The John Lewis Cup.
This proposal salutes the John Lewis retail organisation as a leader in the movement to render all organisations self governing within the law. New Levellers believe that industrial actions would cease if the relevant organisations were run by their staffs even if owned by the community.
However in this instance we use the notion of the John Lewis Cup as being the crowning achievement of any sporting competition. In fact we wish to replace sporting competition and the hooliganism and ‘professional fouling’ and even corruption that may be associated with it, by sporting collaboration.
We intend the winner of any such collaboration to be the player or team (including its supporters) which gained the most points for skill, decent behaviour, graceful, intelligent and above all sports-person-like play and spectating. In such cases the judges who award the points could likely be the umpires or referees. The team which at the end of the season gained the most sports-person-like points (regardless of goals, etc) would gain the crown. Manners, not money, maketh man.
New Levellers propose to reform the British system of awarding honours along similar lines. It is ruefully acknowledged that such a worthwhile reform would require a considerable sea change!
Religion, spirituality - and golf
Spirituality is the opposite side of the Materialist coin. It is all too often, and to our lasting cost, unseen, ignored and even ridiculed. New Levellers find the ignorant arrogance of the atheist (their certainty that there is nothing beyond the material and definitely no God, however defined, incredibly tunnel visioned. If there must be doubt then agnosticism is the appropriate stance. The practice of golf provides a useful metaphor illustrating one way of regarding the world, as follows.
A typical golf course is, like life, strewn with challenges to overcome and objectives to achieve. No two course are identical and most have at least the appearance of having been carefully designed, constructed and maintained.
For New Levellers golf has two outstanding beauties:
The first is the system of handicaps which permits a level playing field between the skilled and gifted and the less skilled and less gifted. We wish to permeate society as a whole with that notion of fair play.
The second attraction of golf in political terms is that on most of them the true test is against the course itself and one’s own previous performance, rather than against any human competitor. Lone golfers can have just as testing and challenging a day out as may twosomes and foursomes and even championships. That simple fact makes golf even more like real life.
Of course a human life contains many more than eighteen holes, each experience with its own challenges and handicaps, but the ultimate and probably impossible aim of an uninterrupted succession of holes-in-one still applies. Perhaps a genuine saint may get through life with such an unblemished perfect total, but the most we mortals can realistically hope for is to have reduced our strokes to par before we finally peg out.
Traditionally, at that end point, golfers troupe off to the nineteenth hole – the clubhouse. There, amongst other things, players discuss and review their game and even plan their next one, learning the lessons gained and determined to apply them.
From a spiritual point of view the clubhouse is analogous to Nirvana, or heaven or whatever the permanent spiritual energy (life) enters into after the cessation of the temporary material energy (death). That’s where we all have to review our life, make clear-eyed and honest self-judgements, and appropriately plan our next life, or round of golf.
NB. (For the cynical) As material science cannot prove spiritual matters, nor the reverse, both sides of the coin have to be honest and admit they in the end must rely heavily upon faith and belief e.g. ‘I board this plane having faith I will arrive safely’. Or ‘Past performance is no guarantee of future performance’. OR ‘I’ve never sailed on an unsinkable ship before. The Titanic is much bigger than I expected!’
Would you like to contribute further points and ideas?
New Levellers know this preliminary Constitution to be merely work in progress. Accordingly, brief (300 words) polite, constructive and well reasoned proposals for suitable amendments, additions and subtractions will be considered as long as they maintain the spirit of this endeavour.
Anonymous contributions are welcomed as long as the previously mentioned simple rules are observed. With your help we hope that the NewLevBritCon.inf will become even better, so keep checking in to see the latest version.
Email: strykerflint214@gmail.com.