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Oversight Offices And The Limits Of Power

Articles 233 to 267 · 35 articles · 7 chapters · read the full text

Chapter 1 · Common Provisions

233

The offices

There are five oversight offices, and no organ may invent powers for them.

234

Independence

The offices are independent, and nobody may instruct them or edit a report.

235

Appointment by lot

Each office is led by a college of five drawn by lot in public session.

236

Pools

Pools are public registers open to anyone qualified, excluding politicians and enterprise managers.

237

Confirmation

The Judicial Council confirms those drawn, and may refuse only twice per vacancy.

238

Term, incompatibilities and status

Office holders serve one seven-year term, with the same provision as anyone else.

239

Removal

Only the Constitutional Court may remove them, and never for what they found.

240

Resources

Office resources cannot be cut during a term, or tied to their findings.

241

Powers of information

Offices may demand documents, data and testimony from anyone, and confidentiality is no excuse.

242

Publicity and reporting

Reports are published in full, and nobody sees them beforehand.

243

Protection of persons who assist

People who help an office are protected from any reprisal.

Chapter 2 · The Electoral Commission

244

Function

The Electoral Commission runs every election, referendum and recall, and every draw by lot.

245

Conduct of the ballot

National votes are on paper counted by hand, and local votes may use audited free software.

246

Registration and refusal

The Commission may never judge a list's ideology or its programme.

247

The Boundary Division

An independent division draws electoral boundaries in public, on published criteria.

248

Electoral disputes

Election disputes go to the Commission and then the Constitutional Court, free of charge.

Chapter 3 · The Audit Office

249

Function

The Audit Office checks how everyone used real resources, in physical and ecological units.

250

Powers

It may audit on its own initiative, or at the request of ten thousand residents.

251

Reports and consequences

Audit reports are public, and go to prosecutors when they disclose an offence.

Chapter 4 · The Defender of Rights

252

Function

The Defender of Rights takes complaints against anyone about any right in Title III.

253

Complaints and remedies

Complaints are free, in any language, and the Defender can go to court for you.

254

Division for data and automated systems

A division of the Defender polices data, and bans prohibited automated systems.

255

Inspection of places of detention

Another division inspects places of detention unannounced, and publishes what it finds.

Chapter 5 · The Commissioner for Future Generations

256

Function

The Commissioner for Future Generations represents people not yet born.

257

Powers

The Commissioner is heard in the Assembly and in the plan, and can sue.

258

Long-term impact statements

Bills, plans and long-lived projects have a published long-term impact statement.

Chapter 6 · The Office of Democratic Integrity

259

Function

The Office of Democratic Integrity monitors, verifies and refers, and holds no other power.

260

Declarations and integrity

It publishes officials' declarations, and investigates misuse of public resources.

261

Monitoring

It reports yearly on media concentration, participation, equality between territories and prohibited acts.

262

Referral

Its findings go to the Constitutional Court or to prosecutors, never to a sanction of its own.

263

Limits of the Office

It may never classify anyone by ideology, ban anything, or touch a candidacy.

Chapter 7 · Limits Upon Every Power

264

Purpose

The limits that follow bind every organ and every majority.

265

Acts void in every case

Seventeen acts are void whoever adopts them, including privatising the commons and mass surveillance.

266

Attainment by indirection

Reaching a prohibited result indirectly, or by a series of steps, is equally void.

267

Direction of development

The Republic must move toward wider participation and more free provision, never backwards.