This resource was researched, compiled and written by faculty and staff volunteers at NEU’s School of Natural Law:
three key components to constitutional design
A good national constitution usually has three key components:
- A constitution of nature – the foundation of Natural Law upon which the rest of the Constitution is built, ensuring that the nation itself is a mirror for the natural order of Life, and fractality of nature is flows through its activities.
- A constitution of society – the social contract, grounded upon the principles of natural law, in accordance with which every member of that society can reasonably expect their fellow members to conduct themselves.
- A constitution of government – outlining the form of government and most importantly the limitations of any centralized government.
Each constitution must be consistent with, and derive its authority from, the one(s) before it, or else it will not only contradict itself, but will be unconstitutional by its own measure.
May include a Bill of Rights – such as those contained in the Declaration of Unalienable Natural Rights at Part 2 of the New Earth Treaty.
A codified social contract may look something like a Bill of Responsibilities, which may or may not correspond to the Bill of Rights if you have one. For example, if there is a codified right to free speech, there may be a corresponding responsibility to speak the Truth. Further examples here might provide that all members/nationals have a duty to:
- report all abuses of constitutional process of which they are aware
- cause no harm, loss or damage
- assist fellow members/nationals to advance their evolution, thus our human condition
- respect the free will of others
- live in accordance with natural law and not prevent others from doing the same
- not permit a positive law to be upheld at the expense of a just, fair, and reasonable outcome
- uphold natural justice
- respect the cultural traditions and customs of others, etc.
The procedure for constitutional amendment, such as “Amendments to this Constitution may only be made by a deliberative assembly convened in the same manner as the one which formed the original Constitution, and will only take effect following a two thirds majority vote of the People by referendum.”
The second would include such elements as the making of decisions by public conventions called by public notice and conducted by established rules of procedure. (Note: links are to Wikipedia.)