Forming a Democratic GovernmentThis is a featured page

Step One:
A democratic system of government (or state) requires three things:

A legislature, an executive, and a judiciary.
These three things together also require a bureaucracy behind them, i.e. a civil service.
They must also have a separation of powers to a certain extent (i.e. each of them must have a purpose that the other two cannot interfere with).

Together, they will be created by a constitution.
This article will describe various types and methodologies behind forming the three key parts when creating a constitution.

The Legislature:

The main role of the legislature is to create legislation, or laws, for the new state.
Some legislatures also have had powers to change the constitution, elect the executive, or appoint commanders of the state's military forces.
It is up to the creator(s) of the constitution in question to decide how far these extra powers extend, if they do at all.

When setting up a legislature within a constitution, one needs to include the following:
- The Franchise: Who can vote in elections for the legislature? Who can stand for election?
- The Term: How long do members of the Legislature sit as part of it for?
- The System of Election: What electoral system is used in elections for the legislature? i.e. Proportional Representation by Single Transferable Vote, First-Past-the-Post, etc.
- The Houses: How many houses of the Legislature will there be? Will both houses be elected in the same way, or will they be different? Will one be superior to the other?
- The Cabinet of Government: Who will decide who sits in the Cabinet of the Government?
- The Head of Government: Who will decide who the Head(s) of Government shall be?
- The Powers: What powers will the Legislature and the related Cabinet have? Will they be able to change the Constitution themselves, or will there need to be a referendum?
- The Method of Operation: How will the Legislature pass laws? Will there be party whips? Will there be a committee debate? How many votes will there be on a single piece of law?

One can also adopt a system entirely from precedent, as well as adopting the laws from a pre-infection government.

The Executive:
The main role of the executive is to act as the enforcers of the law, which are made by the legislature and interpreted by the judiciary.

The Executive can sometimes be partially merged with the Legislature, as is the case in the Republic of Ireland, the United Kingdom or Australia, or they can be strictly separate, like the US.

When setting up an executive in a constitution, one needs to include the following:
- The Head of State: Who is the head of state? How are they elected/appointed? Are they different to the Head of Government? Who can stand for appointment/election?
- The Powers: What powers are attributed to the Executive? Do they require the agreement of the Legislature?
- The Head of Government: Can the head of government be a member of the legislature?
- The Terms: How long does the Head of State and the Head of Government sit for?

Again, using precedent is a good way to quickly establish an executive.
Using the method that was used in the country that used to exist where you are might be a good idea on this one in particular, as it is primarily a leadership role.

The Judiciary:
The main role of the Judiciary is to insure equal justice under the law, resolve conflicts, and to interpret the law.
Depending on the system, the judiciary may also be responsible for creating case law (laws created by judges by establishing legal precedents).

When setting up a Judiciary, you have to consider the following:
- Judges: Will judges be appointed by the executive? Will judges be appointed/elected by legally qualified people?
- Powers of Judges: Can judges interpret laws to create new laws? Can judges create punishments or are they bound by laws on them?
- Juries: Will courts have juries to decide upon the facts of cases and/or to determine guilt?

TO BE CONTINUED



IrishHitman
IrishHitman
Latest page update: made by IrishHitman , Feb 1 2010, 5:42 AM EST (about this update About This Update IrishHitman Edited by IrishHitman

3 words deleted

view changes

- complete history)
Keyword tags: None
More Info: links to this page
Started By Thread Subject Replies Last Post
IrishHitman My New Project 8 Oct 2 2010, 8:41 PM EDT by Whybother08
Thread started: Oct 12 2009, 2:14 AM EDT  Watch
Here's my new project, a step-by-step guide on how to create a democratic state.
This is meant to augment the great work Kadski has done on the subject of government, by giving a practical (if somewhat wordy) guide on creating a democratic system of government.

As you can see by the beginning of the guide, that is more complicated than it sounds.

Feedback is appreciated, as while I am a student of Law, I am by no means infallible in this area.
Do you find this valuable?    
Keyword tags: None
Show Last Reply
Showing 1 of 1 threads for this page