Post-revolution constitutional laws [Archive]

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Die Neue Zeit

15th December 2007, 04:29

At the suggestion of two comrades (http://www.revleft.com/index.php?showtopic=74225), I have decided to put the following fictitious, post-revolution constitutional template up for more serious scrutiny than I originally intended (hopefully this will result in a much more detailed continuation of the topic of a past Learning thread on post-revolution constitution(s)) - I'll start with Part I, since this template thankfully gets down to "business" by not having a preamble. My positions on some of the articles are expressed in the links below.

Question: What is your position on any sort of post-revolution constitutional law?

Note: I have called the polity "Soviet Republic," harking back to the original intentions of the Bolsheviks to establish a global Soviet Republic instead of a global Soviet Union, so I hope this detail won't be commented upon excessively. Note here that I also have NOT called this polity a "socialist state" (because, IMO, the DOTP is separate from socialism).

PART I: THE SOCIAL STRUCTURE

Article 1 (Social Structure)
The Soviet Republic is the polity of international proletocracy (that is, rule by the workers).

Article 2 (Political Foundations)
The political foundations of the Soviet Republic are soviets of working deputies, workers' workplace committees, and communal councils, all of which grew and became strong as a result of the overthrow of the power of the bourgeoisie and as a result of the establishment and internationalization of proletocracy. (http://www.revleft.com/index.php?showtopic=65207)

Article 3 (Workers' Power)
All power in the Soviet Republic belongs exclusively to the urban and rural workers and, where applicable, the poor peasantry in a minority of rural areas, as represented by the soviets of working deputies, workers' workplace committees, and communal councils.

Article 4 (Economic Foundations)
Having overthrown the international bourgeoisie and conquered political power, the workers have become the ruling class, wielding the international state power, exercising control over means of production already socialised as the economic foundation of the Soviet Republic, guiding the wavering and intermediary elements and classes, and crushing the increasingly stubborn resistance of the exploiters (http://www.revleft.com/index.php?showtopic=66272).

Article 5 (Property Ownership)
Properties, including socialised means of production, exist under social ownership (belonging to all workers), under state ownership, under cooperative ownership (belonging to cooperative associations) or, where collective farms exist, under household ownership.

Article 6 (Environmental Property)
The land, its minerals, waters, and forests are the exclusive properties of the workers, whose state takes necessary steps to protect and make scientific, rational use of the land and its mineral and water resources, and the plant and animal kingdoms, to preserve the purity of air and water, ensure reproduction of natural wealth, and improve the human environment.

Article 7 (Socialist Property)
The socialised means of production—such as in manufacturing, energy, construction, and food production (including industrial farms, aquaculture buildings, and vertical greenhouses (http://www.revleft.com/index.php?showtopic=65638))—and other property necessary for state purposes, including the public works infrastructure (that is, telecommunications, transport infrastructure and related services, waste management, and water distribution), the non-cooperative financial institutions, and most urban residences, are the exclusive properties of the workers and their state.

Article 8 (Economic Relations and Transitional Periods)
Between capitalism and communism, there are new economic relations and definite transitional periods which must combine the characteristics of both these modes of production in a struggle between the dying capitalism and the nascent communism—or, in other words, between capitalism which has been proletocratized but not destroyed and communism which has been born but is still very feeble. (http://www.revleft.com/index.php?showtopic=65240)

Article 8-a
While there are socialised industries and the related social and state enterprises, it is in the smaller, non-socialised industries within the transitional system of multi-economy where it is necessary to satisfy the individual needs of the consumer market, and the ability of cooperatively-owned enterprises to do this better than social or state enterprises is protected by law.

Article 8-b
Within the transitional system of multi-economy, which is the predominant form of economy in the international Soviet Republic, the law permits the insignificant private economy of individual farmers and other petit-bourgeois citizens based on their own labour and precluding the exploitation of the labour of others.

Article 9 (Collective Farms)
Outside the transitional system of multi-economy are economies under revolutionary-democratic dictatorships of the urban and rural workers and a still-existent poor peasantry (constituting the main labour force in food production), where agricultural communes and other collective farms, supplemented by household plots and their husbandries, exist.

Article 10 (Possessions)
The personal possessions of citizens and the right to inherit them are protected by law, including but not limited to: incomes earned from work, earned savings, dwelling residences, and articles of personal use and convenience.

Article 11 (Economic Planning)
The socialised elements of economic life in the Soviet Republic are determined and managed by social and state economic plans:
(a) relying both on the constructive input of the workers and on scientific and technological progress, thereby ensuring growth of the productivity of labor, raising of the efficiency of production and of the quality of work, and dynamic, planned, proportionate development of the multi-economy;
(b) with—in respect to state economic plans—due account of the sectoral and territorial principles, and by combining centralized management with the managerial independence and initiative of individual and amalgamated enterprises and other organizations, for which active use is made of management accounting, profit, cost, and other economic levers and incentives;
(c) with the aim of increasing the public wealth, of steadily raising the material and intellectual standards of the workers, and of strengthening the international proletocracy.

Article 12 (Socially Useful Work)
Socially useful work in the Soviet Republic, including conscripted work when necessary, is a duty and a matter of honour for every able-bodied citizen, in accordance with the principles "he who does not work, neither shall he eat" and "from each according to his ability, to each according to his work."

NOTES:

1) I said in the past somewhere on this board that this constitutional template was based primarily on the so-called "Stalin constitution" which was actually penned by Bukharin, incorporating elements of the 1918 constitution and the 1977 "Brezhnev constitution" where appropriate. The lack of a preamble suggests that the society is "getting down to business" in regards to establishing socialism. Besides, various would-be preamble materials have been elevated to full articles.

2) Articles 4 and 8 are based on what Lenin said in Economics and Politics in the Era of the Dictatorship of the Proletariat (1919).

3) Article 8-a is based on what Kautsky said in The Social Revolution, Volume II: On the Day after the Social Revolution (1902).

4) Article 9 is a nod to Lenin's ideas regarding the "revolutionary-democratic dictatorship of the proletariat and the peasantry (http://www.marxists.org/archive/lenin/works/1905/tactics/ch10.htm)." At least the mention of this means flexibility in how the less advanced areas of the world can function.

Die Neue Zeit

24th December 2007, 00:09

PART II: THE STATE SUPERSTRUCTURE

Article 13 (State Superstructure)
The state superstructure of the Soviet Republic is both integral and international (http://www.revleft.com/vb/nationalities-soviet-union-t61251/index.html), and is established on the principle of an association of nations and multinational regions, drawing them together for the purpose of jointly building socialism and communism.

Article 14 (Jurisdiction)
The jurisdiction of the Soviet Republic, as represented by the highest organs of workers' power and state administration, embraces the following:
(a) control over observance of the Constitutional Laws of the Soviet Republic;
(b) admission of new nations and multinational regions to the Soviet Republic as national-regional entities; endorsement of the formation of new multinational regions within the Soviet Republic and of new national provinces within multinational regions;
(c) determination of the state boundaries of the Soviet Republic and approval of changes in the national-regional boundaries, subsequent to the consent of the relevant national-regional entities;
(d) establishment of the general principles for the organization and functioning of national-regional, provincial, and local organs of workers' power and state administration;
(e) establishment of the fundamentals of the legislation of the Soviet Republic and enforcement of the uniformity of legislative norms throughout;
(f) enforcement of uniform state citizenship for all citizens of the Soviet Republic;
(g) pursuance of a uniform social and economic policy; management and guidance of the socialised and non-socialised economies, respectively; determination of the main lines of scientific and technological progress and the general measures for rational exploitation and conservation of natural resources; drafting and approval of plans, both social and state, for the economic and social development of the Soviet Republic, and endorsement of reports on their fulfillment;
(h) drafting and approval of the consolidated State Budget, and endorsement of the report on its execution; management of a uniform monetary, credit, and labour voucher system (http://www.revleft.com/vb/lenins-error-re-t74487/index.html); determination of the revenues forming the State Budget; and the formulation of prices, wages, and labour voucher policy (http://www.revleft.com/vb/lenins-error-re-t74487/index.html);
(i) safeguarding the internal security of the workers' polity;
(j) declarations of war and peace;
(k) organization and direction of the defense of the full sovereignty of the Soviet Republic;
(l) representation of the Soviet Republic in foreign relations; establishment of the general procedure governing the direct and indirect foreign relations of Soviet national-regional entities; foreign trade and other forms of external economic activity on the basis of state monopoly;
(m) settlement of other matters of importance to the workers' polity.

Article 15
The laws of the Soviet Republic have the same effect throughout its entire territory.

Article 15-a
In the event of divergence between a law of the Soviet Republic and a law of a locality, province, or national-regional entity, the law of the former prevails.

Article 15-b
Outside the spheres listed in Article 14 of the Fundamental Constitutional Law of the Soviet Republic, a national-regional entity exercises foreign and domestic authority independently, the authority of which is protected by the Soviet Republic.

Article 16 (Nationalities)
The national-regional entities and national provinces are listed in the Constitutional Law on the Nationalities of the Soviet Republic.

Article 17
The decision of questions relating to divisions into non-national provinces and localities, among other related matters, is within the competence of national-regional entities.

NOTES:

1) The italicized text merely indicates key laws that were, under the last two Soviet constitutions, separate articles. Because I wanted to keep the number of articles as low as possible without sacrificing qualitative statements, I buried what would normally be separate articles into the huge "Jurisdiction" article.

2) Please note the links on labour-time vouchers, the basis for true socialist economics.

3) My "integral and international" approach is the same as Stalin's in 1922, in direct opposition to Lenin's federalism.

Die Neue Zeit

12th January 2008, 07:03

PART III: THE HIGHER ORGANS OF WORKERS' POWER IN THE SOVIET REPUBLIC

Article 18 (Highest Organs of Workers' Power)
The highest organs of workers' power in the Soviet Republic are the Supreme Congress of Soviets of the Republic and, in the intervals between Congresses, the Supreme Soviet of the Republic.

Article 19
The exclusive prerogative of the Supreme Congress of Soviets of the Republic encompasses Sections (b) and (c) of Article 14 of the Fundamental Constitutional Law of the Soviet Republic, as well as the following:
(a) approval of the consolidated State Budget, and endorsement of the report on its execution;
(b) institution and appointment of organs and individuals of the Soviet Republic responsible and accountable to it, including the formal appointment—subsequent to actual appointment by a congress or conference of the incumbent communist party—of the Party-Polity Commission of that incumbent communist party and of the Supreme Congress of Soviets of the Republic for Workers' Inspection and Control;;
(c) adoption and amendment of the Constitutional Laws of the Soviet Republic.

Article 20
The Supreme Congress of Soviets of the Republic and the Supreme Soviet of the Republic exercise all rights vested in the Soviet Republic in accordance with Articles 14 and 19, in so far as they do not, by virtue of the Fundamental Constitutional Law, come within the respective jurisdictions of the Central-Executive Committee of the Supreme Soviet of the Republic, of the Party-Polity Commission of the incumbent communist party and of the Supreme Congress of Soviets of the Republic for Workers' Inspection and Control, of the Council for State Administration of the Soviet Republic, of the organizations represented in the latter organ, of the Supreme Court of the Soviet Republic, of the Superior Court for Arbitration of State Administration of the Soviet Republic, and of the Prosecutor's Office of the Soviet Republic.

Article 21
The Supreme Soviet of the Republic is fully accountable to the Supreme Congress of Soviets of the Republic for all its activities.

Article 22 (Publication of Laws)
Laws passed by the Supreme Congress of Soviets of the Republic or by the Supreme Soviet of the Republic are published in the languages of the Soviet Republic, over the signatures of the Presidial Chairperson and Secretary of the Central-Executive Committee of the Supreme Soviet of the Republic.

Article 23
The Supreme Congress of Soviets of the Republic and the Supreme Soviet of the Republic are composed of representatives of every National-Regional Soviet on the basis of equal constituencies of citizens enjoying the right to elect and to be elected to soviets, but each national province is entitled to at least one Congressional representative within the overall Congressional representation of its corresponding multinational region.

Article 24
The Supreme Soviet of the Republic, elected by and from the Supreme Congress of Soviets of the Republic, consists of not more than 200 members.

Article 25
The Supreme Congress of Soviets of the Republic is elected for a term of five years.

Article 26
Regular Congresses of Soviets of the Republic are convened by the Central-Executive Committee of the Supreme Soviet of the Republic twice a year, and extraordinary Congresses are convened by the latter at its discretion or on the demand of at least one-third of the members of the Supreme Soviet of the Republic, or on the demand of at least one-third of the representatives of the Congress.

Article 27
More frequent sessions of the Supreme Soviet of the Republic are convened by its Central-Executive Committee in the intervals between Congresses of Soviets of the Republic, either at its discretion or on the demand of at least one-third of the members of the Supreme Soviet of the Republic.

Article 28
The Supreme Soviet of the Republic, in addition to exercising all rights vested in the Soviet Republic within the limitations prescribed by Articles 19 and 20, exercises exclusively the following:
(a) issuance of pardons and acts of amnesty, general and partial;
(b) institution of decorations and honorific titles of the Soviet Republic;
(c) institution of military and diplomatic ranks, as well as other special titles;
(d) ratification and denunciation of foreign treaties of the Soviet Republic;
(e) appointment and recall of diplomatic representatives of the Soviet Republic to foreign states and organizations.

Article 29
Between Congresses of Soviets of the Republic, and subject to submission for confirmation at the next Congress, the Supreme Soviet of the Republic exercises the following:
(a) approval of changes in the national-regional boundaries;
(b) formation and abolishment of organizations represented in the Council for State Administration of the Soviet Republic on the recommendation of that Council;
(c) removal and appointment of individual members of either the Council for State Administration of the Soviet Republic or the organizations represented in that Council (http://www.revleft.com/vb/parliamentarism-soviet-power-t72852/index.html)—with the exception of the Chairpersons of the Councils for National-Regional Administration—on the recommendation of the Central-Executive Committee of the Supreme Soviet of the Republic or on the recommendation of the Presidium of the Party-Polity Commission of the incumbent communist party and of the Supreme Congress of Soviets of the Republic for Workers' Inspection and Control, or on the recommendation of that Commission itself;
(d) removal and appointment of individual members of the Party-Polity Commission of the incumbent communist party and of the Supreme Congress of Soviets of the Republic for Workers' Inspection and Control on the recommendation of the Presidium of that Commission.

Article 30
The Supreme Soviet of the Republic forms the Central-Executive Committee of the Supreme Soviet of the Republic—consisting of a State Chairperson appointed beforehand by either the former organ or the Supreme Congress of Soviets of the Republic, a Presidial Chairperson, Vice-Chairpersons, a non-voting Secretary, and the Chairpersons of its non-executive, non-credentials committees—which, in addition to exercising all rights vested in the Soviet Republic within the limitations prescribed by Articles 19, 20, 28, and 29, exercises exclusively the following:
(a) convocation of even newly elected Congresses of Soviets of the Republic and of sessions of the Supreme Soviet of the Republic;
(b) coordination of the work of the non-executive, non-credentials committees of the Supreme Soviet of the Republic;
(c) interpretation of the non-Constitutional laws of the Soviet Republic;
(d) setting of election dates to the Supreme Congress of Soviets of the Republic and to the Supreme Soviet of the Republic;
(e) suspension and annulment of decisions and ordinances of the Council for State Administration of the Soviet Republic—except under Constitutional cases;
(f) suspension and annulment of ordinances and instructions of members of the Council for State Administration of the Soviet Republic;
(g) annulment of decisions and ordinances of lower organs of state administration should they fail to conform to non-Constitutional law;
(h) granting of citizenship of the Soviet Republic and ruling on matters of the renunciation or deprivation of citizenship of the Soviet Republic and of granting asylum;
(i) conferment of decorations and honorific titles of the Soviet Republic;
(j) conferment of military and diplomatic ranks, as well as other special titles;
(k) reception of the letters of credence and recall of the diplomatic representatives accredited to it by foreign states;
(l) formation of, appointment to, and dismissal from, the supreme defense organizations of the Soviet Republic, including the military high command;
(m) issuance of orders of general or partial mobilization;
(n) proclammation of states of emergency in separate localities or throughout the Soviet Republic in the interests of polity defense, state security, or public order.

Article 31
The Central-Executive Committee of the Supreme Soviet of the Republic issues decrees, decisions, and ordinances—binding throughout the territory of the Soviet Republic—on the basis and in pursuance of the laws in effect.

Article 32
The Supreme Congress of Soviets of the Republic and the Supreme Soviet of the Republic appoint commissions and committees from among their members to make preliminary reviews of matters coming within the jurisdiction of the Soviet Republic, to promote execution of the laws of the Soviet Republic and other acts of the highest organs of workers' power, to inspect the work of state organs, and to perform investigations and audits on other matters.

Article 33
It is the duty of all institutions and officials to comply with the requests of the commissions and committees appointed by the Supreme Congress of Soviets of the Republic and by the Supreme Soviet of the Republic, and to submit to them all necessary materials and documents.

Article 34
A member of the highest organs of workers' power in the Soviet Republic may not be prosecuted, or arrested, or incur a court-imposed penalty, without the sanction of those organs or, between their sessions, of the Central-Executive Committee of the Supreme Soviet of the Republic.

Article 35
On the expiration of the term of office of the Supreme Soviet of the Republic, the outgoing Central-Executive Committee of the Supreme Soviet of the Republic retains its powers until the newly elected Supreme Soviet of the Republic forms a new Central-Executive Committee.

NOTES:

1) Article 29 (c) is very important; the "removal and appointment of individual members of either the Council for State Administration of the Soviet Republic or the organizations represented in that Council" is, in effect a "nomenklatura" power given directly to the highest organs of workers' power.

Die Neue Zeit

20th January 2008, 20:55

PART IV: THE HIGHER ORGANS OF STATE ADMINISTRATION IN THE SOVIET REPUBLIC

Article 36 [Highest Organ of State Administration]
The highest state-administrative organs of workers' power in the Soviet Republic are the Council for State Administration of the Soviet Republic and, in the intervals between even narrow meetings, its Standing Committee.

Article 37
The Council for State Administration of the Soviet Republic and its Standing Committee are both responsible and accountable to the Supreme Congress of Soviets of the Republic and, in the intervals between Congresses, to the Supreme Soviet of the Republic and its Central-Executive Committee.

Article 38
The Council for State Administration of the Soviet Republic, but not its Standing Committee, issues decisions and ordinances on the basis and in pursuance of the laws in effect and of the decrees, decisions, and ordinances of the Central-Executive Committee of the Supreme Soviet of the Republic, and verifies their execution.

Article 39
Decisions and ordinances of the Council for State Administration of the Soviet Republic are binding throughout the territory of the Soviet Republic.

Article 40
The Council for State Administration of the Soviet Republic:
(a) ensures direction of material and intellectual development;
(b) drafts and implements measures to promote the well-being and cultural development of the workers, to develop science and engineering, to ensure rational exploitation and conservation of natural resources, to consolidate the monetary and credit system, to pursue a uniform prices, wages, and social security policy, and to organize state insurance and a uniform system of accounting and statistics;
(c) organizes the management of state enterprises, undertakings related to the public works infrastructure, banks, and other organizations and institutions subordinated to the workers' state;
(d) drafts state economic plans and the State Budget, and submits them to the Supreme Congress of Soviets of the Republic; takes measures to execute the plans and Budget; and reports to the Congress on the implementation of the plans and Budget;
(e) adopts measures for the maintenance of public order, for the protection of the interests of the workers' polity, and for the safeguarding of the rights of citizens;
(f) provides general guidance in the sphere of relations with foreign states;
(g) exercises general direction of military development and determines the annual contingent of citizens to be called up for active military service;
(h) and recommends to the Supreme Congress of Soviets of the Republic the formation of organizations under the Council for State Administration of the Soviet Republic to deal with matters of material and intellectual development.

Article 41
The Council for State Administration of the Soviet Republic has the right, in matters within the jurisdiction of the Soviet Republic, to suspend execution of decisions and ordinances of the Councils of National-Regional Administration of national-regional entities, and to rescind ordinances and instructions of other organizations represented in that Council.

Article 42
The Council for State Administration of the Soviet Republic is appointed by the Supreme Congress of Soviets of the Republic at the discretion of the latter or on the recommendation of the newly elected or current (but not outgoing) Supreme Soviet of the Republic, and consists of:
(a) the dual Chairperson of the Council for State Administration of the Soviet Republic and State Chairperson of the Central-Executive Committee of the Supreme Soviet of the Republic—from among the members of the newly elected or current (but not outgoing) Supreme Soviet of the Republic;
(b) the Vice-Chairpersons of the Council for State Administration of the Soviet Republic, including the Administrator of the State Planning Bureau for Electrification and General Economic Development attached to the Council for State Administration of the Soviet Republic—from among the members of that Supreme Soviet of the Republic;
(c) the Deputy Vice-Chairpersons of the Council for State Administration of the Soviet Republic;
(d) the heads of the organizations of state administration represented in the Council for State Administration, including the Chairpersons of the Councils for National-Regional Administration;
(e) and heads of other organizations of the Soviet Republic included by the Supreme Congress of Soviets of the Republic on the recommendation of the Chairperson of the Council for State Administration of the Soviet Republic.

Article 43
A Standing Committee of the Council for State Administration of the Soviet Republic, consisting of the Chairperson, Vice-Chairpersons, and the leading Deputy Vice-Chairpersons of the Council, functions as a permanent committee of the Council to deal with questions relating to guidance of the multi-economy or to other matters of state administration in the intervals between meetings of the Council, subject to the approval of the Central-Executive Committee of the Supreme Soviet of the Republic.

Article 44
The Council for State Administration of the Soviet Republic or any of its members to whom a question of a member of the Supreme Congress of Soviets of the Republic or of the Supreme Soviet of the Republic is addressed must give a verbal or written reply at a session of the respective organ within a period not exceeding three days.

Article 45
Except for the Chairpersons of the Councils of National-Regional Administration, the heads of the organizations of state administration represented in the Council for State Administration of the Soviet Republic direct the branches of state administration which come within the jurisdiction of the Soviet Republic, and, within the limits of the jurisdiction of their respective organizations, issue ordinances and instructions on the basis and in pursuance of the laws in operation, and also of decisions and ordinances of the Council, and verify their execution.

Article 46
Except for the Chairpersons of the Councils for National-Regional Administration, under the chairpersonship of every head mentioned in Article 45, a board is constituted whose members are confirmed by the Council for State Administration of the Soviet Republic.

Article 46-a
In the event of disagreement with an ordinance or instruction of such head, the board or individual members can appeal against it to the Council or to the Central-Executive Committee of the Supreme Soviet of the Republic.

Article 46-b
In the event of disagreement with ordinances or instructions of certain heads, the relevant boards or individual members can, without suspending the execution of the ordinances or instructions, appeal against them to the Council or to the Central-Executive Committee of the Supreme Soviet of the Republic.

Article 47
The competence of the Council for State Administration of the Soviet Republic and its Standing Committee, the procedure for their work, the relationships between the Council and other state bodies, and the list of organizations of state administration represented in the Council are defined, on the basis of the Fundamental Constitutional Law, in the Constitutional Law on the Council for State Administration of the Soviet Republic.

NOTES:

1) Article 36 mentions three types of state-administrative meetings: full CSA meetings, "narrow meetings," and meetings of the CSA Standing Committee. For a history of "narrow meetings," look into the Malyi Sovnarkom (http://books.google.com/books?id=dV_Gufwx31UC&pg=PA54&lpg=PA54&dq=maly+sovnarkom&source=web&ots=A54S97AiaZ&sig=DNuIG_3C2gdLnWfufDBHhPkUxls). As for the CSA Standing Committee, it is no different from the Bureau/Presidium of the Soveta Ministrov SSSR, except that it can't issue decisions and ordinances (ie, it has to convince the Central-Executive Committee to issue those for it).

2) It is important that Article 42 mentions "from among the members," since, under proletocracy, there has to be SOME merger between the legislature and the executive (at least for "revolutionary prestige"). Of course, in my back-and-forth discourse with a comrade in this thread (http://www.revleft.com/vb/should-we-led-t67387/index2.html), most of the bureaucratic ("state-administrative") apparatus should be separate from the legislature.

DrFreeman09

21st January 2008, 00:18

So far, it looks decent to me. There are a few things worth discussing, however:

Properties, including socialised means of production, exist under state ownership (belonging to all workers), under cooperative ownership (belonging to cooperative associations) or, where collective farms exist, under household ownership.

Perhaps it was better that, in the 1918 constitution, it simply said that all properties belonged to the entire working class, rather than explicitly saying "the state." In this way, it was flexible, because working class ownership can be taken to mean direct ownership, cooperative ownership, state ownership, etc. All of which will be necessary during workers' rule, and simply wording it as working class ownership would cover all of those while still leaving the subject up to interpretation, and leaving it open.

You could say that my suggestion and what is currently there amount to the same thing. But in Constitutions, wording is everything. Once again, the U.S. Constitution is the oldest constitution currently in the world. There is a reason why it has lasted so long: most of its provisions were worded in generalitites. This allows it to adapt to changing times and conditions.

The Soviet constitutions, on the other hand, were not just amended, but in some cases, completely rewritten several times. The constitution should be constructed so that the bulk of it can stay the same, and any changes can be made through a series of amendments separate from the main work. And for this, once again, you need flexibility.

Regardless of the fact that the U.S. is a thoroughly capitalist country and always has been, you cannot deny the sheer brilliance of the framers of the Constitution, because they created a very stable state framework that has lasted over 200 years.

I don't specifically see anything wrong with the rest, as it seems to be dealing with the relative minutia of how specifically the system of Soviets is set up, etc., and since it is nearly identical to the 1918 and "Stalin" constitutions, there's not a whole lot that can be said.

However, what I would like to see soon are some things that stuck out for me in the 1918 version.

Sufferage:

In the 1918 constitution, everyone votes, except those specifically mentioned. You must work to vote or to run for office, but there are no other prerequisites (other than being 18).

Citizenship:

There are basically no cumbersome procedures for citizenship. The local soviets can grant citizenship to those who come to the country and work. The country also welcomes all refugees from political or religious persecution.

Marriage/Divorce:

This wasn't really in the constitution, but it was ineed a principle that was discussed. There was complete freedom of divorce. The logic was that divorce is, more often than not, liberating for both parties and thus there should be no complicated process for divorce, unlike nations such as the U.S.

One thing that constructing a constitution does not do, however, is clarify what exactly communist economy looks like and how it will emerge victorious. As I have said several times, the period of partial state-capitalism can exist indefinitely if there is no "way out." This state-capitalism is hardly our goal and what needs to be discussed, I think, rather than what a post-revolutionary constitution would look like (especially since it looks like this is going to be nearly identical to the Soviet constitutions), is how economy run without exchange will emerge.

Personally, I think the 1918 Constitution was a very strong one. Stronger, in fact, that the ones after it. So I'm ultimately skeptical of this endeavor.

Sure, I agree that the transition to classless society needs to be given more thought, but the focus, I think, should not be put toward figuring out exactly how the state framework will look, especially when it will likely be different depending on what country you're dealing with.

The focus, in my opinion, should be given to how we are supposed to prevent a) the state-capitalist bureaucracy from micro-managing every aspect of our lives (which, as you said, has more in common with fascism than socialism), and b) the state-capitalist bureaucracy from existing indefinitely.

We must realize that in the first place, there is nothing magic about central planning that eliminates oppression and wage slavery. Secondly, we need to come to terms with the fact that the action of the laws of commodity production is what causes oppression, and that as long as the economy produces commodities, there will be classes, class struggle, oppression, wage slavery, etc. Finally, we have to put our effort into describing how an economy that does NOT produce commodities will emerge in the midst of the varying levels of state-capitalism that will exist in the transition period.

Die Neue Zeit

21st January 2008, 01:27

Perhaps it was better that, in the 1918 constitution, it simply said that all properties belonged to the entire working class, rather than explicitly saying "the state." In this way, it was flexible, because working class ownership can be taken to mean direct ownership, cooperative ownership, state ownership, etc. All of which will be necessary during workers' rule, and simply wording it as working class ownership would cover all of those while still leaving the subject up to interpretation, and leaving it open.

I think I covered that in "cooperative ownership," though. On the other hand, if it's covered there, it sorta conflicts with Article 107 ("workers' organizations, cooperative organizations..."). I'll have to think about this one. :(

But in Constitutions, wording is everything. Once again, the U.S. Constitution is the oldest constitution currently in the world. There is a reason why it has lasted so long: most of its provisions were worded in generalities. This allows it to adapt to changing times and conditions.

Ah, but keep in mind this constitution lasts only for the duration of the "proletocracy," and that the state will still remain under socialism proper (even though I'm sure that there will be a thoroughly new constitutional document by then). I just added a note in my first post about historical flexibility regarding Lenin's "revolutionary democracy" (proles AND poor peasants), and the need for Article 8-b.

The Soviet constitutions, on the other hand, were not just amended, but in some cases, completely rewritten several times.

I still can't make heads or tails as to the "necessity" of the "Brezhnev" constitution (in reality already thought of under the Khrushchev regime), other than:

A) "Our greatest happiness is being able to live under sun of the Stalin constitution";
B) The fact that the "Stalin" constitution always listed the Ministries (and, as you know, most of the frequent amendments to that constitution pertained to Articles 70, 77, 78, and 83); :D and
C) The "need" for Brezhnev's own walking-corpse ego to be stroked in another way (besides becoming the Chairman of the Presidium and leaving the presidential "dirty work" to a first-time-ever "First Vice-Chairman").

Regardless of the fact that the U.S. is a thoroughly capitalist country and always has been, you cannot deny the sheer brilliance of the framers of the Constitution, because they created a very stable state framework that has lasted over 200 years.

The way I see it, though, the main reason is because of the lengthy constitutional amendment process and the number of organs involved (two-thirds in each chamber of Congress, three-fourths of the states). Even in the 1918 constitution, only one body had the power to amend the constitution.

However, what I would like to see soon are some things that stuck out for me in the 1918 version.

Don't worry. For all intents and purposes, the whole constitutional document is ALREADY DONE (including Part VIII, the "bill of rights"). "Laziness" on my part is holding me back from publishing the other "Parts."

However, Article 69 (on workplace committees) and Article 70 (on communal councils) are still blank! For the latter, I don't know how to best summarize the Venezuelan Law on Communal Councils. :(

Sufferage:

In the 1918 constitution, everyone votes, except those specifically mentioned. You must work to vote or to run for office, but there are no other prerequisites (other than being 18).

A preview:

Article 113
The right to elect and to be elected to soviets—the Supreme Congress of Soviets of the Republic, the Supreme Soviet of the Republic, National-Regional and Provincial Congresses of Soviets, National-Regional and Provincial Soviets, and local Soviets of Working Deputies—as well as to be elected to their organs of workers' power and state administration, is enjoyed, in accordance with Articles 68 and 103 of the Fundamental Constitutional Law of the Soviet Republic, by all citizens of the Soviet Republic who have reached the age of sixteen by election day, with the following exceptions:
(a) Persons who employ hired labour for profit;
(b) Persons living on equity or debt capital;
(c) Monks and ministers of religion;
(e) Persons who have been certified insane;
(f) Persons subject to punishment in accordance with Article 94.

[1918: Article 23, the one on rights deprivation - my Article 94 starts off Part VIII as a warning to any would-be disturber of the peace.]

Citizenship:

There are basically no cumbersome procedures for citizenship. The local soviets can grant citizenship to those who come to the country and work. The country also welcomes all refugees from political or religious persecution.

I left the citizenship function to the CECSS (Central-Executive Committee of the Supreme Soviet). As for foreigners, you're asking for too much of a peek-show into Part VIII ( :D ;) ):

Article 108 [Foreigners' Rights]
Proceeding from the principle of solidarity of the international working class, the Soviet Republic grants the full rights and freedoms of Soviet citizens to foreigners, including those guest workers and dissidents residing in the territory of the Soviet Republic for the purposes of employment or asylum (due to foreign persecution for defending the interests of the international working class or for pursuing scientific and other progressive activities), respectively.

Marriage/Divorce:

This wasn't really in the constitution, but it was indeed a principle that was discussed. There was complete freedom of divorce. The logic was that divorce is, more often than not, liberating for both parties and thus there should be no complicated process for divorce, unlike nations such as the U.S.

Alas, it isn't in mine, either. :(

One thing that constructing a constitution does not do, however, is clarify what exactly communist economy looks like and how it will emerge victorious.

I didn't say anything of the sorts. :confused: There are three modes of production involved here: capitalist (still, albeit with the "proletocratic" superstructure), socialist (not mentioned here at all, because "socialisation" in terms of scale of production doesn't count as socialist by itself), and communist. I only mentioned the first.

DrFreeman09

21st January 2008, 01:48

I'll have to think about this one. :(

That's the idea.

I didn't say anything of the sorts.

I didn't say you did. What I am pointing out is that the merits of this constitution are limited and that in conjunction with it, we need to discuss what you are calling here the "communist" economy, and what Ben calls the moneyless economy (I'm really not sure what your objection is to Ben's three sectors, if you have one, because it seems like you are advocating the same thing).

[...] who have reached the age of sixteen by election day [...]

Ah, I like that you have the voting age as 16. Young people are our future and generally support change, and when educated (which will be more possible during workers' rule), they can be just as articulate, and certainly more passionate, than most adults. :)

But I have given this a little bit more thought and I think that we each have our tallents and if we work together, we can probably put together a pretty good picture of future society.

You seem more interested in the practical aspects of workers' rule (i.e. how specifically it will operate). I am more interested with more general issues, i.e. how mass media will be used, how the moneyless (communist) sector will emerge victorious, etc. If you put these two things together, you get some pretty good stuff, I think. This discussion has been very fruitful and I'm glad that there's someone else on this board who is as interested in the future as I am. :)

Die Neue Zeit

21st January 2008, 02:23

^^^ Regarding your last remarks: if it weren't for your low post count, I would've recommended you for the Commie Club awhile back. Drop by more often and discuss stuff with other posters, too. :) ;)

I didn't say you did. What I am pointing out is that the merits of this constitution are limited and that in conjunction with it, we need to discuss what you are calling here the "communist" economy, and what Ben calls the moneyless economy (I'm really not sure what your objection is to Ben's three sectors, if you have one, because it seems like you are advocating the same thing).

Not necessarily; methinks yours is decentralized, but mine is social in scale (something that operates parallel to the initial stamocap-dominated economy).

DrFreeman09

21st January 2008, 03:22

^^^ Regarding your last remarks: if it weren't for your low post count, I would've recommended you for the Commie Club awhile back. Drop by more often and discuss stuff with other posters, too.

I don't know if I have time for that.

Not necessarily; methinks yours is decentralized, but mine is social in scale (something that operates parallel to the initial stamocap-dominated economy).

Perhaps I'm unclear what you mean exactly. What Ben and I have advocated for the moneyless (communist) sector is basically that it does not operate with money, wages, or exchange. It is not centralized for the profound reason that what is healthy/unhealthy in this sector will be determined by the working class and not a single point of control. Central planning as a tool for managing the "stamocap" economy will, in my eyes, be necessary. But such centralization is not our goal.

Stateless, classless society is our goal. This moneyless sector will represent that in embryonic form until it reaches the point where it can absorb the other sectors of the economy.

Once more, there is nothing magic about centralization.

Further, there is nothing inherently wrong with competition, so long as the end result of this competition is not the production of a commodity. One problem with centralism on a massive scale is that it has a tendency to circulate crappy products throughout the economy. There is no competing trend to ensure quality. This effect can be countered somewhat by increased democracy, but even then, there is some basis in Adam Smith's claim that competition is essential.

Of course, the capitalist idea of competition is flawed because it involves corporations competing for consumers' money, and because of the nature of the system, it has a tendency toward monopoly anyway.

But the fundamental flaw in capitalism is not necessarily competition. The flaw of capitalism is commodity production.

Here is how trends would compete in the moneyless sector:

Different people would have different ideas about what would really be the best way to do something. In central planning, the workers would decide what trend would theoretically work best, but what they thought would work best would not always do so in practice. So it is best to let these trends fight it out. In many cases, the only way to truly know something is to pit opposing trends against each other and see which one wins.

With price as no object (there is no money or exchange), the workers would have no incentive to consume crappy products. Since other production units would be supplying this particular producer with stuff, they would see that his/her product is crappy and would see that giving this person their support is a complete waste. Thus, this crappy producer would not be supplied with the necessary resources and would not be able to produce.

This may seem like cruel Social Darwinism. But in reality, it is better and more democratic than central planning because it allows the working class to decide which trends will be successful as opposed to a bureacratic, centralized point of control. Further, the workers put "out of business" because they produced crappy products would not be "out of work" because the laws of commodity production, etc. would not apply and they would be free to find work somewhere else. In other words, without the laws of commodity production, the existence of the worker as a workers would be guaranteed.

Joseph claims that this view fails to overcome the marketplace because it is not centralized. But when one studies the action of capitalism and what actually causes its failures, one finds that Joseph's view makes no sense. Yet again, there is nothing magic about centralization.

Again, I would like you to read the Self-Organizing Moneyless Economy by Ben and tell me what you think. The cover page can be found here, which is kind of an overview: (http://leninism.org/leninism/some/)

The actual work is linked to, in its various sections, in the frames under where it says "The S.O.M.E. Hypothesis --(short "popular" version)--"

It is difficult to criticize Ben's work if you have not read the work in question.

[Somewhat of a disclaimer: As I said before, the S.O.M.E. describes the end, i.e. the "communist" economy. It's not a description of the transition period, which some people mistake it for.]

Finally, this is one of my favorite quotes:

“[…] Only communism makes the state absolutely unnecessary, for there is nobody to be suppressed -- “nobody” in the sense of a class, in the sense of a systematic struggle against a definite section of the population. We are not utopians, and do not deny the possibility and inevitability of excesses on the part of individual persons, or the need to suppress such excesses. But, in the first place, no special apparatus of suppression is needed for this; this will be done by the armed people itself […]”

“[…] And secondly, we know that the fundamental social cause of excesses, which consist in the violation of the rules of social intercourse, is the exploitation of the masses, their want and their poverty. With the removal of this chief cause, excesses will inevitably begin to ‘wither away’ […] With their withering away the state will also wither away.” -- Lenin in "The State and Revolution"

Of course, you recognize that our goal is for the state to wither way. It is this stage, in embryonic form, that the moneyless sector of a transitional economy will be. The S.O.M.E. is a more specific description of how this society would operate.

It is my conclusion that, starting with the relatively small amount of resources that the workers themselves have seized, and gradually getting larger as the workers take control of more resources and as their moneyless economy gets more efficient, the workers in this sector will immediately begin to experiment with different ways of achieving effective moneyless economy without any formal authority, which includes central planning bodies. When this sector is ready (i.e. when it becomes efficient and effective enough), it will absorb the other sectors and make the state, central planning, and all formal authority irrelevant.

It is important to begin with this end in mind because it is the only real escape from the laws of commodity production.

Die Neue Zeit

21st January 2008, 05:35

This economic discussion between the two of us is actually more appropriate for the "Stamocap" thread. I have transferred my original reply to your post to there. (http://www.revleft.com/vb/showpost.php?p=1057120&postcount=37)

FireFry

21st January 2008, 22:45

I want some type of paramilitary quasi-volunteer police force, like a proletarian guard, that's established to protect the interests of our working class should this new world find itself in jeopardy of regressing back to capitalism. Similar to the way the Imperial Guard acted in Republican and Imperial Roman empires, the Proletarian guard would act roughly the same way. And they should also be stakeholders in the working class, men from working class or at most, petty-bourgois family background (we can take this bit out after generations have past after the revolution). Their job should be to neutralise threats with non-lethal force as much as possible, and only lethal force when the interests of our working class are directly threatened.

Capish?

Also, the language needs to be Americanised, none of this russian "soviet" crap, "soviets" has a bad connatation of the cold war with our working class here. It's obsolete language. Call it the "worker's counsel" or something like that. We don't want stadium conventions designed for entire towns for debate and shit like that. What we want is localisation. A worker's counsel office/bureau being as common as a police station or the corner store or the post office is today. In fact, maybe even more common. With the worker's counsel holding a large amount of authority over the region they jurisdict.

This way, workers and citizens (anybody who isn't directly a laborer; students, children, artists, scholars, elderly etc) of the Our Rogue Communist States, in the future, hold as much power of their local authority as possible, so they can say "We have control over our own fate" as all workers and citizens should be able to say.

The new rogue state should be as liberal as possible, giving people options to control their own destiny wherever possible, with the exception of the ownership of the means of production, which will be percieved as a form of "cultural" right that the workers have.
There should be constitutions, but the local worker counsels should dictate what they are.

In short, I am for American, North and South, American socialization. Not this obsolete russian crap.

So, cut the gruff, you punk kids, and get with it.

Red Economist

21st January 2008, 23:01

fire fly- I think tolerance would be a good idea.

but your point about language is pretty sound...

although I think we might have to ask whether internet forums will actually form the basis of 'soviets' or 'workers councils' in the future- or maybe something similar. which could throw legal enforcement totally out the window...

yeah for anarchy!

kromando33

22nd January 2008, 02:18

Die Neue Zeit

22nd January 2008, 03:08

FireFry

22nd January 2008, 06:28

'Americanize' the socialist movement, and has a latent, even pseudo racist against 'Russian' socialist terms.

And this is from a Hoxhaist?? Hoxha was one of the most nationalist isolationist stalinist dictators in all of history. Listen, punk, we don't need your shit here. In fact, you'd do well in Opposing Ideologies .... :rolleyes:

America was only faintly socialist during the New Deal glory days. Remember, socialism is still a class society. But it was a bourgois socialism, it was the type of socialism that Marx describes as Conservative or Bourgois Socialism in the Manifesto.

Here's what Marx says near the end of Article III, Socialist and Communist Literature on Bourgois Socialism .....

......Free trade: for the benefit of the working class. Protective duties: for the benefit of the working class. Prison reform: for the benefit of the working class. This is the last word and the only seriously meant word of bourgeois socialism.

It is summed up in the phrase: the bourgeois is a bourgeois -- for the benefit of the working class.

That's the type of Bourgois Socialism I was speaking of, the type of bullshit that the Demmycrats pander to us. And hell, they almost believed in what they said about the earnest protection of the working class, until of course, JFK came around, then Bobby Kennedy, then MLK... and then in the next decade, the curtain came crashing down and it was all then settled with Reagan. The United States Government is not a benefactor of the working class, especially the American proletariat.

What I meant by Americanizing socialism is this; American Language, American geography, American cultures and history, not just the United States, but all of America; what is currently Canada, USA, Mexico, Bahamas, Dominican Republic, Cuba, Peurto Rica,
Haiti, Nicaragua, Venezuela, etc...

FYI; We don't drink Vodka and wear Russian parkas and eat gulash and other nasty ethnic Russian and slavic foods. We drink beer and wear jeans.

I know appealing to culture may sound fascist, but I think it helps to make more sense and to create a better understanding of the socialist type of society we want and is neccesary to rid ourselves of obsolete (dead) people's obsolete and dead ideas. I'm not saying, burn their writings, I'm saying, read them, and actually read them critically with a sense of current conditions of development and culture and language within our current society. And any sane person will tell me, that they won't worry about these people or even spend time with their ideas, because they are dead. It helps to have some living philosophers, and some of us try to make our ideas known and understandable. :)

This is what socialists and communists need to aim for, local matters. Not things that happened half way around and over the world, half a century ago, before my lifetime. I'm not saying stick to just your own town, but at least, hell, stick to your own continent.

Capish?

kromando33

22nd January 2008, 06:40

'America was only faintly socialist during the New Deal glory days. Remember, socialism is still a class society. But it was a bourgois socialism, it was the type of socialism that Marx describes as Conservative or Bourgois Socialism in the Manifesto.'
Bourgeois socialism in this case then is not proletarian socialism, so it's not revolutionary, and it's not progressive. 'Bourgeois socialism' is just more welfare capitalism designed to trick the workers into not resisting bourgeois control. Also I find your comments that socialism is still a class society are disgusting and reformist, your intentionally lowering the standards. After the means of production are socialized, the bourgeois may resist and attempt counter-revolution, but they no longer are a class are Marx defined them (as relating to their relationship to the means of production).

The reason that reformism is so dangerous is that it assumes that socialism can be built while leaving the bourgeois state apparatus intact, that in fact the bourgeois will willing give up their power. Being a revolutionary means you think the only way to build socialism is to overthrow the bourgeois state and replace it with a proletarian one.

kromando33

22nd January 2008, 06:42

^^^ That stuff about a "paramilitary quasi-volunteer police force" scares me. I don't think it bears any resemblance to "workers' militias" (which I will mention later on).

DrFreeman09, I've revised Parts I, II, and IV where the economy is concerned.

3. Hierarchy: Fascist society is ruled by an righteous leader, who is supported by an elite secret vanguard (http://www.marxists.org/glossary/terms/v/a.htm#vanguard) of capitalists. Hierarchy is prevalent throughout all aspects of society – every street, every workplace, every school, will have its local Hitler, part police-informer, part bureaucrat – and society is prepared for war at all times. The absolute power of the social hierarchy prevails over everything, and thus a totalitarian society is formed. Representative government is acceptable only if it can be controlled and regulated, direct democracy (e.g. Communism) is the greatest of all crimes. Any who oppose the social hierarchy of fascism will be imprisoned or executed.
http://www.marxists.org/glossary/terms/f/a.htm

Sounds pretty familiar.

FireFry

22nd January 2008, 06:56

okay, so a paramilitary quasi-volunteer police force is a bad idea. But I thought it would help at least to have our worker's militias under some form of professional command, not just ex-line-workers with rifles or baseball bats that most of them won't know how to shoot or even swing right. I know, baseball is a popular sport, but workers simply aren't trained in fighting should the time come.

For example, look at the Ungdomshumset in Denmark last year, they got their asses kicked. Why? They don't know how to fight, it was angsty youth against a trained police force. Sure, there were some bigger bitter black-bloc boys .. and girls, who know what to do when the cops show up, but most of the kids were just at the barricades for "the cause" and they might've even had some street medics running around there - unlocking handcuffs and cleaning resisters' eyes of pepper spray - and that might've prolonged the resistance a few days maybe even an extra week but, it was a short lived fight. They all knew that the cops would win, they simply had the cars, they simply had the guns, the simply had the brawn and the stamina that all the kids didn't.

What I mean and meant is this, with the existing military force, in case of war or invasion of communist territory, our old guard of generals from the capitalist era should be on the line guiding us along the front lines. Why? Because they know how to defend best. Of course, there wouldn't be any rank and file system of the current military force, and no military reprimands, but there would at least be a visible presence of strategic command.

Sounds pretty familiar.

Yepp, to Hoxhaism.

kromando33

22nd January 2008, 07:06

VukBZ2005

22nd January 2008, 09:13

FYI; We don't drink Vodka and wear Russian parkas and eat gulash and other nasty ethnic Russian and slavic foods. We drink beer and wear jeans.

And for your information, Goulash is the national dish of Hungary, of which 93% of the entire population are Magyars, a people who are not Slavic, a people that speak a different language that is distinct from Slovakian, Czech, Polish, Belorussian, Ukrainian, Bulgarian, Russian, Slovenian, Macedonian and Serbo-Croatian, and, a people which are thought to be distant relatives of the Finnish, and even the Turks..

FireFry

22nd January 2008, 09:24

And for your information, Goulash is the national dish of Hungary, of which 93% of the entire population are Magyars, a people who are not Slavic, a people that speak a different language that is distinct from Slovakian, Czech, Polish, Belorussian, Ukrainian, Bulgarian, Russian, Slovenian, Macedonian and Serbo-Croatian, and, a people which are thought to be distant relatives of the Finnish, and even the Turks..

.....aha. Well, you learn something new everyday.

EDIT: and.. it's still not American. My point was that American, and Canadian culture belongs to a totally different place and ethnicity than native Hungarian culture. Hungary was a part of the Soviet Union, so my point still stands. Food from former bloc states is totally different culturally and geographically and so the material conditions, logically, should be different than American material conditions and development.

Also...

Hoxhaism is nothing but the self-determination of the working masses..

Yepp, the self-determination of the working masses beneath our great leader Enver Hoxha which, I bet you hope will be you someday.

Eh, Dream on, kiddo.

VukBZ2005

31st January 2008, 23:55

Hungary was a part of the Soviet Union, so my point still stands.No, you point about Hungary still does not stand. You could say that Hungary was under the indirect domination of the U.S.S.R, because of its geographical position to the U.S.S.R, and because of the interaction that occurred between it and the U.S.S.R when it existed, but, you can not say that Hungary was a part of the U.S.S.R, because it was not. If it was, it would have been called the "Hungarian Socialist Soviet Republic", not the "People's Republic of Hungary." Come on now...

Die Neue Zeit

4th February 2008, 01:05

PART V: THE LOWER ORGANS OF WORKERS' POWER AND STATE ADMINISTRATION IN THE SOVIET REPUBLIC

Article 48 [Lower Organs of Workers' Power]
The highest organs of workers' power, either in a national-regional entity or in a province, are the corresponding Congress of Soviets and, in the intervals between Congresses, the corresponding Soviet.

Article 49
The Congress of Soviets and the Soviet of a national-regional entity are composed of representatives of every Provincial Soviet within that national-regional entity in accordance with the relevant national-regional laws.

Article 50
The Congress of Soviets and the Soviet of a province are composed of representatives of every local Soviet of Working Deputies within that province in accordance with the relevant provincial laws.

Article 51
The Congress of Soviets and the Soviet—of either a national-regional entity or a province—are elected for a term of five years.

Article 52
The Congress of Soviets of a national-regional entity exclusively approves the national-regional budget, endorses the report on its execution, and institutes and appoints national-regional organs responsible and accountable to it, including the Council for National-Regional Administration of the national-regional entity.

Article 53
The Congress of Soviets of a province exclusively approves the provincial budget, endorses the report on its execution, and institutes and appoints provincial organs responsible and accountable to it, including the Council for Provincial Administration of the province.

Article 54
The Soviet of a national-regional entity elects its Chairperson and Vice-Chairperson(s), a Secretary, and the Chairpersons of its non-executive, non-credentials committees to form the Central-Executive Committee of the National-Regional Soviet which exercises all rights vested in the national-regional entity—including the issuance of decrees, decisions, and ordinances—within the limitations prescribed by the Fundamental Constitutional Law and by the relevant national-regional laws.

Article 55
The Soviet of a province elects its Chairperson and Vice-Chairperson(s), a Secretary, and other members to form the Executive Committee of the Provincial Soviet which exercises all rights vested in the province—including the issuance of decisions and ordinances—within the limitations prescribed by the Fundamental Constitutional Law and by the relevant national-regional and provincial laws.

Article 56 [Lower Organs of State Administration]
The highest state-administrative organ of workers' power of a national-regional entity or of a province is the Council for National-Regional Administration and the Council for Provincial Administration, respectively.

Article 57
The Council for National-Regional Administration of a national-regional entity is responsible and accountable to the Congress of Soviets of the national-regional entity and, in the intervals between Congresses, to the Soviet of the national-regional entity and its Central-Executive Committee.

Article 58
The Council for Provincial Administration of a province is responsible and accountable to the Congress of Soviets of the province and, in the intervals between Congresses, to the Soviet of the province and its Executive Committee.

Article 59
The Council for National-Regional Administration of a national-regional entity issues decisions and ordinances on the basis and in pursuance of the following, and verifies their execution:
(a) laws and decrees in effect;
(b) decisions and ordinances of the Central-Executive Committee of the Supreme Soviet of the Republic;
(c) decisions and ordinances of the Council for State Administration of the Soviet Republic;
(d) decisions and ordinances of the Central-Executive Committee of the Soviet of the national-regional entity.

Article 60
The Council for Provincial Administration of a province issues decisions and ordinances on the basis and in pursuance of the following, and verifies their execution:
(a) laws and decrees in effect;
(b) decisions and ordinances of both the Central-Executive Committee of the Supreme Soviet of the Republic and the Council for State Administration of the Soviet Republic;
(c) decisions and ordinances of both the Central-Executive Committee of the Soviet of the national-regional entity to which the province belongs and the Council for National-Regional Administration of that national-regional entity;
(d) decisions and ordinances of the Executive Committee of the Soviet of the province.

Article 61
The Council for National-Regional Administration of a national-regional entity has the right, in matters within the jurisdiction of the national-regional entity, to suspend execution of decisions and ordinances of the Councils of Provincial Administration of its provinces, and to rescind ordinances and instructions of both the non-provincial organizations represented in the Council and the Executive Committees of the Soviets of its localities.

Article 62
The Council for Provincial Administration of a province has the right, in matters within the jurisdiction of the province, to suspend execution of decisions and ordinances of the Executive Committees of the Soviets of its localities, and to rescind ordinances and instructions of the non-local organizations represented in that Council.

Article 63
The heads of the non-provincial organizations of national-regional administration represented in the Council for National-Regional Administration of a national-regional entity direct the branches of national-regional administration which come within the jurisdiction of the national-regional entity, and, within the limits of the jurisdiction of their respective organizations, issue ordinances and instructions on the basis and in pursuance of the laws in operation, of the decisions and ordinances of the Council for State Administration of the Soviet Republic, of the ordinances and instructions of organizations represented in that Council, and of the decisions and ordinances of the Council for National-Regional Administration, and verify their execution.

Article 64
The heads of the non-local organizations of provincial administration represented in the Council for Provincial Administration of a province direct the branches of provincial administration which come within the jurisdiction of the province, and, within the limits of the jurisdiction of their respective organizations, issue ordinances and instructions on the basis and in pursuance of the laws in operation, of the decisions and ordinances of the higher administrative organs of workers' power, of the ordinances and instructions of organizations represented in those Councils, and of the decisions and ordinances of the Council for Provincial Administration, and verify their execution.

Article 65
Under the chairpersonship of every head mentioned in Article 63, a board is constituted whose members are confirmed by the Council for National-Regional Administration of the national-regional entity, and, in the event of disagreement with an ordinance or instruction of such head, the board or individual members can, without suspending the execution of the ordinance or instruction, appeal against it to the Council or to the Central-Executive Committee of the Soviet of the national-regional entity.

Article 66
Under the chairpersonship of every head mentioned in Article 64, a board is constituted whose members are confirmed by the Council for Provincial Administration of the province, and, in the event of disagreement with an ordinance or instruction of such head, the board or individual members can, without suspending the execution of the ordinance or instruction, appeal against it to the Council or to the Executive Committee of the Soviet of the province.

Qwerty Dvorak

4th February 2008, 02:32

Where is the separation of powers element of this Constitution, if any?

Die Neue Zeit

4th February 2008, 02:37

^^^ Why do you ask? I haven't dealt with the judiciary (Part VII) yet. Besides, did you read my disclaimer at the very beginning of this thread (with regards to the primary and two secondary inspirations behind this constitutional template)? If you had known beforehand what the primary inspiration happens to be, you should already have an idea with regards to where it is, if it's present at all.

Qwerty Dvorak

4th February 2008, 02:47

Oh sorry, I thought it was complete. And I haven't read the Stalin Constitution, if that's what you're talking about.

Die Neue Zeit

4th February 2008, 02:52

^^^ In actual fact, it is already complete (save for two articles in this upcoming section, which I may leave BLANK) on my drive. It's just that I haven't released everything yet.

As for the "Stalin constitution" penned by Bukharin himself, there are several versions:

1936 (http://www.departments.bucknell.edu/russian/const/1936toc.html)
1964 (http://www.psr.keele.ac.uk/docs/ussr64.htm)
1969 (http://www.russiannewsnetwork.com/soviet-const.html) (my favourite, but the second part has a broken link :( )

I'm sorry if two articles in this section remain incomplete. I don't know if I'll ever get to them, especially Article 70, unless I can effectively summarize Venezuela's Law on Communal Councils. :(

PART VI: THE LOCAL ORGANS OF WORKERS' POWER AND STATE ADMINISTRATION

Article 67 [Local Organs of Workers' Power and State Administration]
The organs of workers' power in localities are the Soviets of Working Deputies, the workers' workplace committees, and communal councils.

Article 68 [Working Deputies]
With the exception of deputies elected to provincial organs of workers' power, local Soviets of Working Deputies are composed of deputies who exercise their powers without discontinuing their regular employment, and the basis of representation is determined by the relevant provincial laws.

Article 69 [Workplace Committees]

Article 70 [Communal Councils]

Article 71 [Local Jurisdiction]
Together, the local Soviets of Working Deputies, the workers' workplace committees, and the communal councils:
(a) ensure the maintenance of public order, the observance of the laws, and the protection of the rights of citizens;
(b) take all measures to promote the local material and intellectual development of the workers;
(c) decide all questions of purely local importance, including drawing up the local budgets;
(d) and direct the work of the organs of administration subordinate to them.

Article 72
The highest executive and administrative organ of the Soviet of Working Deputies of a locality is the Executive Committee elected by it, consisting of a Chairperson, Vice-Chairperson(s), a Secretary, and members.

Article 73
The executive and administrative organs of every local Soviet of Working Deputies in a province are directly accountable to the Soviets of Working Deputies which elected them and to the Executive Committee of the Soviet of that province.

Article 74
The Executive Committee of a Soviet of Working Deputies of a locality issues decisions and ordinances on the basis and in pursuance of the following, and verifies their execution:
(a) laws and decrees in effect;
(b) decisions and ordinances of both the Central-Executive Committee of the Supreme Soviet of the Republic and the Council for State Administration of the Soviet Republic;
(c) decisions and ordinances of both the Central-Executive Committee of the Soviet of the national-regional entity to which the locality belongs and the Council for National-Regional Administration of that national-regional entity;
(d) decisions and ordinances of the Executive Committee of the Soviet of the province of the locality.

Die Neue Zeit

16th February 2008, 05:27

PART VII: THE COURTS AND THE PROSECUTOR'S OFFICE

Article 75 [Courts]
In the Soviet Republic, justice is administered by the Supreme Court of the Soviet Republic, the Superior Courts of the national-regional entities and provinces, the people's courts of the localities, the courts for arbitration of state administration, the revolutionary courts of the Soviet Republic established by the Supreme Congress of Soviets of the Republic, and the military courts.

Article 76
In all non-arbitration courts below the Supreme Court of the Soviet Republic, cases are tried with the participation of lay judges, except in cases specially provided for by law.

Article 77 [Supreme Court]
The Supreme Court of the Soviet Republic is the highest judicial organ in the Soviet Republic, charged exclusively with the supervision of the judicial activities of all other judicial organs throughout—within the limitations established by law—and with the interpretation of the Constitutional Laws of the Soviet Republic, annulling all amendments, laws, decrees, decisions, and ordinances of the various organs of workers' power and state administration should they fail to conform to both the letter of the Constitutional Laws of the Soviet Republic and the spirit of the Fundamental Constitutional Law.

Article 78
The Supreme Court of the Soviet Republic, appointed by the Supreme Congress of Soviets of the Republic for the maximum term of that Congress (that is, five years), consists of:
(a) the Chairperson of the Supreme Court of the Soviet Republic;
(b) the Vice-Chairpersons of the Supreme Court of the Soviet Republic, each presiding over a non-State Section of the Court in the discretionary absence of the Chairperson;
(c) members of the State Section of the Supreme Court of the Soviet Republic, including the Chairpersons of the Superior Courts of the national-regional entities and the Chairperson of the Superior Court for Arbitration of State Administration of the Soviet Republic;
(d) members of the Rights Section of the Supreme Court of the Soviet Republic;
(e) members of the Criminal Section of the Supreme Court of the Soviet Republic;
(f) and members of the Civil Section of the Supreme Court of the Soviet Republic.

Article 79
The detailed organization and procedure of the Supreme Court of the Soviet Republic are defined in the Constitutional Law on the Supreme Court of the Soviet Republic.

Article 80
The Superior Court for Arbitration of State Administration is appointed by the Supreme Congress of Soviets of the Republic for the maximum term of that Congress (that is, five years).

Article 81
The Superior Court of a national-regional entity and the Court for Arbitration of National-Regional Administration are appointed by the Congress of Soviets of the national-regional entity for the maximum term of that Congress (that is, five years).

Article 82
The Superior Court of a province and the Court for Arbitration of Provincial Administration are appointed by the Congress of Soviets of the province for the maximum term of that Congress (that is, five years).

Article 83
The people's courts of the localities are appointed by the local organs of workers' power in accordance with the relevant laws.

Article 84
Judicial proceedings are conducted in the geographically relevant languages of the Soviet Republic, with persons not knowing these languages being guaranteed the right to become fully acquainted with the materials in the case, the right to have the free services of an impartial interpreter during the proceedings, and the right to use their own language in court.

Article 85
Judicial proceedings for all non-Constitutional cases are open to the public, and hearings in camera are only allowed in cases provided for by law, with observance of all the rules of judicial procedure.

Article 86
No one may be adjudged guilty of a crime and subjected to punishment as a criminal except by the sentence of a court and in conformity with the law.

Article 87 [Defendants' Rights]
All defendants in any criminal action have these minimum rights, in addition to the rights outlined in Article 84 of the Fundamental Constitutional Law of the Soviet Republic, subject to protection by law:
(a) the right to a public trial within a reasonable amount of time, and, for accusations of non-petty offenses, to one by an impartial jury;
(b) the right to be informed promptly of the nature and cause of the accusations against them;
(c) the right to have adequate time and facilities for the preparation of their defense;
(d) the right to examine or have examined the prosecuting witnesses and to obtain the attendance and examination of defending witnesses under the same conditions as the prosecuting witnesses;
(e) and the right to defend themselves personally or through both free and impartial legal assistance.

Article 88 [Independent Judiciary]
Judges and jurors are independent and subject only to the law.

Article 89 [Supreme Prosecutor]
Supreme supervisory power to ensure the strict and uniform observance of the law by all organs and organizations of state administration throughout the Soviet Republic, as well as by non-judicial officials and citizens in general, is vested in the Prosecutor's Office of the Soviet Republic (that is, the Supreme Prosecutor of the Soviet Republic).

Article 90
The Supreme Prosecutor of the Soviet Republic is appointed by and accountable exclusively to the Supreme Congress of Soviets of the Republic for the full term of that Congress.

Article 91
Prosecutors of national-regional entities and national provinces are appointed by the Supreme Prosecutor of the Soviet Republic for a term of five years or less.

Article 92
Prosecutors of non-national provinces and localities are appointed by the national-regional prosecutors, subject to the approval of the Supreme Prosecutor of the Soviet Republic, for a term of five years or less.

Article 93
All agents of the Prosecutor's Office of the Soviet Republic perform their functions independently and are accountable exclusively to the Supreme Prosecutor of the Soviet Republic.

Die Neue Zeit

2nd March 2008, 00:47

Finally, the real meat of this thread:

PART VIII: THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS

Article 94 [Deprivation of Rights]
Guided exclusive by the interests of the urban and rural workers as a whole, the workers' power of the Soviet Republic reserves the right to deprive enemies of the people, be they individuals and groups, of those rights which they utilize to the detriment of international proletocracy and its gains.

Article 95
Every person's right to life is protected by law, not to be deprived of it intentionally except in the execution of a death sentence of a court following conviction of a capital crime.

Article 96 [Prohibition of Torture]
The administration of torture and similar forms of inhuman punishment is punishable with all the severity of the law.

Article 97 [Security of Person]
The deprivation of the security of person, except in cases of prosecutor-sanctioned or court-sanctioned arrest, or in cases of lawful detention after conviction, is punishable with all the severity of the law.

Article 98 [Guaranteed Employment]
The right to guaranteed employment and pay in accordance with the quantity and quality of their work (not below the established minimum), including the freedom to choose their occupation in accordance with their inclinations and competencies, with due account of the needs of society, is protected by Articles 4 and 11 of the Fundamental Constitutional Law of the Soviet Republic and by other laws.

Article 99 [Rights to Rest and Leisure]
The establishment of a working week not exceeding 41 hours and with weekly days of rest, a shorter working day in a number of trades and industries, and shorter hours for night work—as well as the state-obligated provision of paid annual holidays and of a wide network of quality sanatoria, quality rest homes, other facilities, and social clubs for the accommodation of the workers—is enforced by law to ensure the right to rest and leisure.

Article 100 [Rights to Health, Workplace Safety, and Social Security]
The extensive development of social insurance at state expense and the provision of a wide network of quality health and retirement facilities for the free use of all citizens—all for the purpose of citizens' maintenance in old age, sickness, or disability—as well as the enforcement of the right to healthy food, to clean water, and to other basic life necessities, the enforcement of the prohibition against child labor (excluding the work done by children as part of the school curriculum), and the enforcement of workplace health and safety standards, is an obligation of the workers' state.

Article 101 [Guaranteed Residence]
The development and upkeep of all residences, the assistance for cooperative and individual residence construction, and the fair public distribution of all available residences—as well as the charging of low rents and charges for quality utility services—is an obligation of the workers' state.

Article 102 [Right to Education]
The free provision and qualitative development of most forms of education and of all educational facilities—including but not limited to the following—is an obligation of the workers' state:
(a) compulsory primary and secondary education in schools;
(b) compulsory tertiary education—including through evening classes and correspondence—provided by community colleges, combined institutes of technology and polytechnics, and universities;
(c) optional quaternary education in academies;
(d) self-education in related facilities, including public museums and libraries.

Article 103 [Equality]
Any non-affirmative restriction (http://www.revleft.com/vb/showpost.php?p=1070713&postcount=19), direct or indirect, of the rights of citizens (or, conversely, the establishment of any non-affirmative privileges, direct or indirect, for citizens) on account of geographic origin, race or nationality, language, gender or sexual orientation, education, orientation to religion, working-class occupation, or domicile—as well as any advocacy of related exclusiveness, hostility, or contempt—is punishable by law.

Article 103-a [Gender Equality]
Exercise of gender equality rights is ensured by according women equal opportunities in education, employment, remuneration, leisurely activity, promotion, and political participation, and is enhanced by the provision of all kinds of maternal benefits (including but not limited to maternity leave with full pay and child care facilities) for expectant mothers and for mothers.

Article 103-b [Nationalities]
Exercise of national equality rights is further ensured by a policy of all-round development and drawing together of all the nationalities of the Soviet Republic, and by educating citizens in the spirit of workers' internationalism.

Article 104 [Freedom of Conscience]
Any infringement upon the freedom of conscience for the citizens (that is, upon the freedom of religious worship and of religious and anti-religious assembly, association, or propaganda), including any infringement upon the separation of the church from either the workers' polity or the school, is punishable by law.

Article 105 [Freedom of Expression and Assembly]
Any infringement upon the citizens' full freedom of expression and assembly, including the full freedom of the press and the right to petition, is punishable by law.

Article 105-a
These civil rights are ensured by the abolition of the dependence of the press on capital, placing at the disposal of the citizens and their organizations all the technical and material requisites for the publication of printed and electronic works, all buildings suitable for the holding of public gatherings (complete with furnishing, lighting, and air conditioning systems), the streets, access to telecommunication, and other material requisites for the exercise of these rights.

Article 105-b
Complaints are examined according to the procedure and within the time limit established by law, and citizens have the right to appeal against and receive compensation for damage resulting from unlawful actions by individuals or groups.

Article 106 [Privacy]
The privacy of citizens, of their correspondence, and of all their telecommunications, is protected by law.

Article 107 [Freedom of Association]
In conformity with the interests of the urban and rural workers, and in order to develop their organizational initiative and political activity, citizens of the Soviet Republic are guaranteed the right to unite in public organizations, both inside and outside the system of workers' power: workers' organizations (including workplace committees), cooperative organizations (including communal councils), provincial and local petit-bourgeois organizations, youth organizations, sport clubs, and cultural and scientific societies.

Article 108 [Foreigners' Rights]
Proceeding from the principle of solidarity of the international working class, the Soviet Republic grants the full rights and freedoms of Soviet citizens to foreigners, including those guest workers and dissidents residing in the territory of the Soviet Republic for the purposes of employment or asylum (due to foreign persecution for defending the interests of the international working class or for pursuing scientific and other progressive activities), respectively.

Article 109 [General Civic Duties]
It is the duty of every citizen of the Soviet Republic to observe the Constitutional Laws of the Soviet Republic and other Soviet laws, to comply with the standards of socialist conduct, and to uphold the honor and dignity of Soviet citizenship.

Article 109-a
Citizens' exercise of their rights and freedoms is inseparable from the performance of their duties and obligations.

Article 109-b [Foreigners' Duties]
Foreigners are obliged to respect the Constitutional Laws of the Soviet Republic and observe Soviet laws.

Article 110 [Property Duties]
It is the duty of every citizen of the Soviet Republic to safeguard and fortify socialist property as the sacred and inviolable economic foundation of the Soviet Republic, as the source of the public wealth, as the primary element in raising the material and intellectual standards of the workers, as the primary element in strengthening international proletocracy.

Article 110-a
It is the duty of a citizen of the Soviet Republic to combat misappropriation and squandering of both socialist and cooperative property, and to make thrifty use of the public wealth.

Article 110-b
Persons committing offences against socialist property are subject to punishment in accordance with Article 94 of the Fundamental Constitutional Law of the Soviet Republic—including but not limited to the deprivation of the rights mentioned in Article 96—as enemies of the people.

Article 111 [Right and Duty to Bear Arms, Defense Conscription, and Alternatives]
In order to safeguard international proletocracy and its gains, the honourable right and duty of bearing arms, in self-defense and in dutiful defense of international proletocracy and its gains, is granted only to trained workers.

Article 111-a
Universal labour and defense service is law, and individual service is an honorable duty of citizens of the Soviet Republic.

Article 111-b
Citizens of the Soviet Republic not bearing arms are enlisted for other defense duties or, when necessary, conscripted labour.

Article 112 [Treason]
Treason—violation of the oath of allegiance and solidarity, desertion to the enemy, impairing the defensive capacity of the Soviet Republic, and espionage—is punishable in accordance with Article 94 of the Fundamental Constitutional Law of the Soviet Republic, including but not limited to the deprivation of the rights mentioned in Article 96, as the most heinous of crimes.

NOTES:

1) The controversial Article 94 was present in the original 1918 Soviet constitution: Article 23 (http://www.marxists.org/history/ussr/government/constitution/1918/article2.htm).

2) Very recently I stated my rather neutral, utilitarian position on affirmative action. The French constitution explicitly prohibits affirmative action, while other constitutions are too vague. To be fair, I had to insert my neutral stance by explicitly prohibiting only non-affirmative discrimination. Feel free to debate this position of mine here, if you wish.

3) Article 104 is a lot more explicit on the subject of religion than past Soviet constitutions. The original Soviet constitution permitted only "religious and anti-religious propaganda," and did not guarantee "freedom of religious worship." :( On the other hand, the "Stalin" and "Brezhnev" constitutions got rid of the guarantee of "freedom of religious propaganda" as compensation for guaranteeing "freedom of religious worship." :glare:

4) There was extensive debate about the material of Article 107 in the "How should we be led?" thread, as well as elsewhere (and mainly because it is based almost exclusively on Article 126 of the "Stalin" constitution):

http://www.revleft.com/vb/should-we-led-t67387/index2.html
http://www.revleft.com/vb/should-we-led-t67387/index3.html
http://www.revleft.com/vb/should-we-led-t67387/index4.html
http://mikeely.wordpress.com/2008/02/24/how-do-people-rule-and-criticize-after-the-revolution/

To be fair, while I have left out the "ruling party" clause from the main text, it should still be publicized:

[b]Article 107-a

The most advanced and resolute (that is, militant) sections of the urban and rural workers voluntarily unite in the Revolutionary Party of Workers' Power (Communist), which was the international vanguard of the urban and rural workers in their revolutionary struggles, and remains the international vanguard of the urban and rural workers—as the nucleus of various organs of workers' power—in their continuing efforts to jointly build socialism and communism.

Article 107-b

Other advanced and resolute (but not militant) sections of the urban and rural workers are guaranteed the right to voluntarily unite in the Communist Workers' League (or its youth wing), which is the leading mass organization of the urban and rural workers and is the nucleus of various public organizations that are outside the Party.

5) Finally, the material on conscripted labour is derived from Trotsky's notion of universal labour duty (http://en.wikipedia.org/wiki/Labor_Army).