2.14

Constitutional Court

Also as in conventional democracies, conformity of all policies and actions with these fundamental rights will be adjudicated by a global constitutional court.

The members of the global court will initially be nominated from among the most respected international jurists around the world. A slate of global constitutional judges will be appended to the initial treaty enacting the global democracy. These initial judges will then be subject to a ratifying election, by simple majority vote, in three equal cohorts, staggered 2, 4, and 6 years after the global democracy begins.

Thereafter, all judges will serve until they opt to retire, except that any judge may be recalled at any time by a supermajority vote (such as 2/3, 3/4, or 4/5) of the world’s people via liquid democracy.

New judges may be nominated either by current judges or by popular, online deliberation and liquid democracy, and will be elected to office by popular vote via liquid democracy.

In this structure, we seek to balance public input (through elections and recall) with insulation from political pressure (through lifetime appointments), to avoid the breakdown of democracy that arises when judges are not accountable.

Index

1 – Abstract
2 – Description of the Model
2.1 – Separate Countries are Failing Us
2.2 – We Need a Global Democracy
2.3 – How is this Possible? Through Two New Technologies
2.4 – Blockchains for Security
2.5 – Critical Success Factors
2.6 – Design
2.7 – Liquid Democracy
2.8 – Deliberation
2.9 – The Right to Information
2.10 – Subsidiarity: Localizing Decisions Whenever Possible
2.11 – Who Frames the Questions?
2.12 – Language Barriers
2.13 – Constitutional Guarantees to Protect Rights
2.14 – Constitutional Court
2.15 – Enforcement
2.16 – Phasing In
2.17 – Can We Really Unify Separate Countries?
2.18 – Worldwide Public Opinion
2.19 – Realistically, How Can We Get There?
3 – Argumentation
3.A – Core Values
3.B – Decision-Making Capacity
3.C – Effectiveness
3.D – Resources and Financing
3.E – Trust and Insight
3.F – Flexibility
3.G – Protection Against the Abuse of Power
3.H – Accountability