Inactivity and our State Code
Posted: Wed Sep 23, 2015 6:02 pm
I would like to bring up for the consideration of the Deshret something that has been brought up before, our constitution, the State Code. It is a fine document, broadly speaking, not flawless, but then nothing ever is. However, I would not be calling for a discussion if that was all I wished to say.
The reason I wish for a discussion on this matter is inactivity. Inactivity has been a rather chronic problem in Osiris, at least for as long as I have been here (so, from around July of 2013 to now). I do not say that we are never active, certainly we have some activity that kicks up around elections and the start Pharaonic terms and we have always managed activity around the various conflicts that have arisen in our region (whether this is healthy activity is something I'm less than sure of, but I shan't condemn it all).
This tendency towards inactivity is not something that is unique among GCRs, I will grant, it has been part of Balder's experience, as well as those of TWP and the NPO. Other GCRs have, however, done well in avoiding it (I would say, of course, that I am not saying all GCRs not listed have avoided it, I am simply not involved or observant enough in them all to make such a claim; though I feel confidant in saying TNP has managed quite well).
Now, the reason I bring the State Code into this matter. It has been my view that this region relies too heavily on the Pharaoh. It places incredible emphasis on the powers and discretion of the Pharaoh[note]The debates over mandatory Ministries and the Scribe of Justice (Linky, Linky, Linky & Linky, to provide but a few), all placed centrally to them the idea that the Pharaoh should be able to determine their cabinet, essentially, however they wished, and that powers should remain with the Pharaoh, and in each of the instances I note above, proposals limiting the Pharaoh's unfettered discretion failed and proposals widening it further succeeded; the Pharaoh sets, with absolute discretion, the endorsement limits in the region, excluding for the Atef; the Pharaoh may unilaterally eject and ban any nation in the region; the Pharaoh, effectively, appoints every office in the region, excluding the Keeper and the Curators.[/note] and often does whatever the Pharaoh wills[note]I note, this place, over about nine months, voted for a non-aggression pact with TRR, at the Pharaoh's behest, then revoked it, at the Pharaoh's behest, then voted for, essentially, the same agreement again, at the Pharaoh's behest. During a period of about a month and a half that overlapped with the aforementioned, this place also declared war on Lazarus and revoked said declaration, both at the Pharaoh's behest. Of the Pharaoh's nominees for office, only three times has this place failed to confirm as the Pharaoh would wish, all of them at the very beginning of the Order, in the first round of nominations to the Atef (I say three as Severisen and Revert were both immediately resubmitted and confirmed, together with Zeorus(I recall well, I was among those rejected, though I would join the Atef later)). This place has recalled only two officials, both at the request of the Pharaoh (Linky & Linky).[/note]. The Pharaoh must drive all activity in the region and, if they do not, then almost everything grinds to a standstill[note]Simply look around you.[/note].
This is not the only arguable problem, however, another rather large problem that I am myself quite concerned about is the Pschent and the judicial system in the region more broadly. The Pschent as it is is rarely well staffed, it often has had inactive Elders or simply has not had enough Elders appointed for all of its positions, and part of the reason for this is that Elders generally must be reasonably trusted and competent individuals, but they are, by being on the Pschent, disqualified from doing much else in the region. There is then the fact that here in Osiris we do not much use the Pschent, it has heard only two criminal cases to completion[note]OFO v Ridersyl and OFO v Cormac Stark, the case against Bob Moran failed due to inactivity and the cases that have been brought against others have not had sufficient evidence to warrant trial.[/note] and only one judicial review[note]The review brought by myself in relation to mandatory ministries. An earlier review was lodged on the Colonies and Territories Act but it was not completed.[/note], which compounds the difficulty of finding people to do the job, as interested active citizens do not want to be stuck in an inactive branch.
So, I have outlined some of the things in Osiris that I see as being problematic, which, I think, is the easy part. The difficult thing, then, is what we can do about it. Part of it is what I've been endeavouring to do here in the Deshret, bringing up topics and engaging in a debate to try to encourage activity here, and a substantial part of it is breaking away from the culture we presently have, one of reliance on the Pharaoh, Vizier and the Scribes, because that culture is not good for the region and it is not good for those who are or who wish to be the Pharaoh or Scribes. However, I also think that a change in our culture should come with a change in our law and our systems.
That is the end of the discussion I hope to have in this thread, to concoct for Osiris a system that fosters activity by spreading out power, by limiting deference to any one official or branch, by limiting the existence of "do nothing" offices, and by allowing for greater turnover between offices.
Now there are, and have been[note]A couple can be seen here, presented by everyone's favourite founder of the Order/traitor to the Order, Cormac Stark[/note], a vast number of ideas as to how one should go about what I have proposed. I will not be providing a structure or a list with titles such as "executive", "legislative", "security council" or anything of the like for others to follow in their ideas, as such structures may well limit ingenuity and unique ideas, which I wish to encourage. I will, however, outline briefly a, deliberately, rather unusual idea that I have; I do not claim it to be fully fleshed out, it has only been under my consideration for today, so if anyone is interested in its basic premise should feel free to add to it, while those who are not interested should feel free to criticise it.
My idea, essentially, rests on three offices, largely independent of each other.
One of these offices will hold the delegacy. This office is intended to have limited functions. It will not have oversight of most of what is traditionally viewed as being purview of the executive branch. Instead, it will perform the tasks of the administration of justice and of security. It will hear and decide trials of complaints brought by citizens and will act in an inquisitorial fashion in doing so. The holder of this office will be supported in its duties by a wider group of high endorsement, high influence nations, over which it will usually preside. The said group of nations will hear and decide trials of complaints brought that are against the holder of the office; it and the holder of the office will determine the endorsement limit (more on that later) and reviews of the lawfulness of statutes and actions of officials. The holder of this office would either be elected or would be selected from among a group of candidates limited in some way, both would have lengthy, but not unlimited, terms of office. The group of nations would either be elected and serve even lengthier, overlapping terms of offices, or would be selected from among a group of candidates limited in some way and would serve terms of similar length to the holder of the office, though they would be overlapping rather than all chosen en bloc.[note]I should note that I am aware of the apprehension that this particular part of this idea will be met with, considering the Kemetic Republic and the Council of Ma'at during it. I would accept divorcing the judicial functions of this group away from it, but that gives rise, I fear, to the creation of a "do nothing" branch.[/note]
The second of these offices will have wider, domestic functions, it will have oversight of most of what is viewed as being within the purview of the executive branch. It will deal with cultural and internal affairs, and the world assembly. The holder of this office will have the right to appoint junior officials to assist them. The holder of the office would be elected and have a relatively short term (read: the same as the present term of the Pharaoh or shorter), its officials would be appointed solely by the holder of the office.
The third of these offices will have wider, external functions, it will have oversight of military and foreign affairs. The holder of this office will have the right to appoint junior officials to assist them. The holder of the office will negotiate with foreign power and agree treaties, it will also be responsible for declarations of war and military actions more generally. The holder of this office will be elected and have a lengthier term than the second but a shorter term than the first, its officials would be subject to a confirmation vote to be appointed.
The Deshret will remain: it will exercise a power of recall over all officials; it will elect or select the three officials mentioned above, as well as the group of nations mentioned above; it will legislate and make policy through resolutions; it will ratify any treaty or declaration of war; it will have the power to revoke any endorsement limit set by the group of nations, with old limits or a statutory limit set by basic law taking the place of such limits; it will have the power, if a petition is brought to it against any conviction, to vote to confirm or set aside such conviction; it will have the power to pardon or commute any sentence. The Deshret will be presided by an officer that it shall elect.
So, now that that outlandish proposal is out there, let's see how we go.
The reason I wish for a discussion on this matter is inactivity. Inactivity has been a rather chronic problem in Osiris, at least for as long as I have been here (so, from around July of 2013 to now). I do not say that we are never active, certainly we have some activity that kicks up around elections and the start Pharaonic terms and we have always managed activity around the various conflicts that have arisen in our region (whether this is healthy activity is something I'm less than sure of, but I shan't condemn it all).
This tendency towards inactivity is not something that is unique among GCRs, I will grant, it has been part of Balder's experience, as well as those of TWP and the NPO. Other GCRs have, however, done well in avoiding it (I would say, of course, that I am not saying all GCRs not listed have avoided it, I am simply not involved or observant enough in them all to make such a claim; though I feel confidant in saying TNP has managed quite well).
Now, the reason I bring the State Code into this matter. It has been my view that this region relies too heavily on the Pharaoh. It places incredible emphasis on the powers and discretion of the Pharaoh[note]The debates over mandatory Ministries and the Scribe of Justice (Linky, Linky, Linky & Linky, to provide but a few), all placed centrally to them the idea that the Pharaoh should be able to determine their cabinet, essentially, however they wished, and that powers should remain with the Pharaoh, and in each of the instances I note above, proposals limiting the Pharaoh's unfettered discretion failed and proposals widening it further succeeded; the Pharaoh sets, with absolute discretion, the endorsement limits in the region, excluding for the Atef; the Pharaoh may unilaterally eject and ban any nation in the region; the Pharaoh, effectively, appoints every office in the region, excluding the Keeper and the Curators.[/note] and often does whatever the Pharaoh wills[note]I note, this place, over about nine months, voted for a non-aggression pact with TRR, at the Pharaoh's behest, then revoked it, at the Pharaoh's behest, then voted for, essentially, the same agreement again, at the Pharaoh's behest. During a period of about a month and a half that overlapped with the aforementioned, this place also declared war on Lazarus and revoked said declaration, both at the Pharaoh's behest. Of the Pharaoh's nominees for office, only three times has this place failed to confirm as the Pharaoh would wish, all of them at the very beginning of the Order, in the first round of nominations to the Atef (I say three as Severisen and Revert were both immediately resubmitted and confirmed, together with Zeorus(I recall well, I was among those rejected, though I would join the Atef later)). This place has recalled only two officials, both at the request of the Pharaoh (Linky & Linky).[/note]. The Pharaoh must drive all activity in the region and, if they do not, then almost everything grinds to a standstill[note]Simply look around you.[/note].
This is not the only arguable problem, however, another rather large problem that I am myself quite concerned about is the Pschent and the judicial system in the region more broadly. The Pschent as it is is rarely well staffed, it often has had inactive Elders or simply has not had enough Elders appointed for all of its positions, and part of the reason for this is that Elders generally must be reasonably trusted and competent individuals, but they are, by being on the Pschent, disqualified from doing much else in the region. There is then the fact that here in Osiris we do not much use the Pschent, it has heard only two criminal cases to completion[note]OFO v Ridersyl and OFO v Cormac Stark, the case against Bob Moran failed due to inactivity and the cases that have been brought against others have not had sufficient evidence to warrant trial.[/note] and only one judicial review[note]The review brought by myself in relation to mandatory ministries. An earlier review was lodged on the Colonies and Territories Act but it was not completed.[/note], which compounds the difficulty of finding people to do the job, as interested active citizens do not want to be stuck in an inactive branch.
So, I have outlined some of the things in Osiris that I see as being problematic, which, I think, is the easy part. The difficult thing, then, is what we can do about it. Part of it is what I've been endeavouring to do here in the Deshret, bringing up topics and engaging in a debate to try to encourage activity here, and a substantial part of it is breaking away from the culture we presently have, one of reliance on the Pharaoh, Vizier and the Scribes, because that culture is not good for the region and it is not good for those who are or who wish to be the Pharaoh or Scribes. However, I also think that a change in our culture should come with a change in our law and our systems.
That is the end of the discussion I hope to have in this thread, to concoct for Osiris a system that fosters activity by spreading out power, by limiting deference to any one official or branch, by limiting the existence of "do nothing" offices, and by allowing for greater turnover between offices.
Now there are, and have been[note]A couple can be seen here, presented by everyone's favourite founder of the Order/traitor to the Order, Cormac Stark[/note], a vast number of ideas as to how one should go about what I have proposed. I will not be providing a structure or a list with titles such as "executive", "legislative", "security council" or anything of the like for others to follow in their ideas, as such structures may well limit ingenuity and unique ideas, which I wish to encourage. I will, however, outline briefly a, deliberately, rather unusual idea that I have; I do not claim it to be fully fleshed out, it has only been under my consideration for today, so if anyone is interested in its basic premise should feel free to add to it, while those who are not interested should feel free to criticise it.
My idea, essentially, rests on three offices, largely independent of each other.
One of these offices will hold the delegacy. This office is intended to have limited functions. It will not have oversight of most of what is traditionally viewed as being purview of the executive branch. Instead, it will perform the tasks of the administration of justice and of security. It will hear and decide trials of complaints brought by citizens and will act in an inquisitorial fashion in doing so. The holder of this office will be supported in its duties by a wider group of high endorsement, high influence nations, over which it will usually preside. The said group of nations will hear and decide trials of complaints brought that are against the holder of the office; it and the holder of the office will determine the endorsement limit (more on that later) and reviews of the lawfulness of statutes and actions of officials. The holder of this office would either be elected or would be selected from among a group of candidates limited in some way, both would have lengthy, but not unlimited, terms of office. The group of nations would either be elected and serve even lengthier, overlapping terms of offices, or would be selected from among a group of candidates limited in some way and would serve terms of similar length to the holder of the office, though they would be overlapping rather than all chosen en bloc.[note]I should note that I am aware of the apprehension that this particular part of this idea will be met with, considering the Kemetic Republic and the Council of Ma'at during it. I would accept divorcing the judicial functions of this group away from it, but that gives rise, I fear, to the creation of a "do nothing" branch.[/note]
The second of these offices will have wider, domestic functions, it will have oversight of most of what is viewed as being within the purview of the executive branch. It will deal with cultural and internal affairs, and the world assembly. The holder of this office will have the right to appoint junior officials to assist them. The holder of the office would be elected and have a relatively short term (read: the same as the present term of the Pharaoh or shorter), its officials would be appointed solely by the holder of the office.
The third of these offices will have wider, external functions, it will have oversight of military and foreign affairs. The holder of this office will have the right to appoint junior officials to assist them. The holder of the office will negotiate with foreign power and agree treaties, it will also be responsible for declarations of war and military actions more generally. The holder of this office will be elected and have a lengthier term than the second but a shorter term than the first, its officials would be subject to a confirmation vote to be appointed.
The Deshret will remain: it will exercise a power of recall over all officials; it will elect or select the three officials mentioned above, as well as the group of nations mentioned above; it will legislate and make policy through resolutions; it will ratify any treaty or declaration of war; it will have the power to revoke any endorsement limit set by the group of nations, with old limits or a statutory limit set by basic law taking the place of such limits; it will have the power, if a petition is brought to it against any conviction, to vote to confirm or set aside such conviction; it will have the power to pardon or commute any sentence. The Deshret will be presided by an officer that it shall elect.
So, now that that outlandish proposal is out there, let's see how we go.