Fundamentally, each legislature (local, regional and national) and the
Executive are independent of each other as is the Judiciary. In
addition to this, the following safeguards
are necessary to maintain a system, free from possible corruption.
-
In each Community Council there are two
counsellors -
Community Counsel for the National Assembly
(National Representative)
and the Community Counsel for the Regional
Assembly
(Regional Representative) -
who Chair Community Council meetings. The
Chair is rotated every month between these two Counsellors.
-
Similarly, in the Regional Assemblies, the
Chair of the Assembly is rotated each month between the appointed Governor
and the elected Regional Ambassador.
-
Similarly, in
the Supreme Council, the chair of the Supreme Council is
rotated each month between the Supreme Counsel
for
the National Assembly
(Prime
Minister)
and the
Supreme Counsel
for
National Security and
Law Enforcement
(Attorney General).
-
Appointed
Governors of Regional Assemblies have no voting rights at their respective
Regional Assembly. This is to preserve the independence of their Regional
Assembly.
-
The Supreme
Counsel for the National Assembly (the 'Prime Minister') has no voting
rights at the National Assembly. This is to preserve the independence of the
National Assembly.
-
The
Supreme Council (and not the President) appoints Judges to the Supreme Court.
-
President
appoints the
National Ombudsman, Regional Ombudsman and Judicial Ombudsman.
In the Hela
System, power is shared and decentralised. No one individual has supreme power.
In this way, opportunities for corrupt behaviour is minimised.
The Ombudsmen
The Hela
System of Democracy adopts the concept of an Ombudsman (from the Swedish
system). In the Hela System there are three Ombudsman: The State Ombudsman,
The Judicial Ombudsman and The Children's Ombudsman. Ombudsmen are appointed by the President
for a term of
6 years.
(Ombudsmen
candidates
must demonstrate knowledge, skills and qualities against the selection criteria
stipulated in the constitution).
The
State
Ombudsman takes independent action when the country's Constitution is
deemed to be violated by internal laws, regulations, rulings and international
treaties to which the country is a signatory. Where there
is a conflict between such things and the Constitution, the State Ombudsman has
the power to intervene and nullify such laws, regulations, rulings and treaties
and restore the sovereignty to the constitution until such matters are resolved.
The State Ombudsman
also
heads the
National Electoral College (NEC) and the
Regional Electoral College (RECs) to ensure the electoral process is free and
fair
and that elections are executed according to the word and spirit of Constitution.
The State Ombudsman also has the power to take independent action against
individuals in government, their departments and agencies that engage in
corruption, deception or denial of due process.
The
Judicial
Ombudsman takes independent action against individuals of the
judiciary (at all levels) and individuals of all law enforcement agencies who
subvert the legal and judicial process and/or engage in corruption, deception or
denial of due process. However, the Judicial Ombudsman may
not intervene in individual court cases.
The
Children's Ombudsman takes independent
action against those (individuals or entities, both government and
non-government) who violate children's rights, established under the UN
Convention of the Rights of the Child. The Children's Ombudsman has the power to
intervene in individual cases where gross injustices against the best interests
of the child are evident.
All
Ombudsman must also take proactive action to uphold their domains and also uphold the sacred
Hela values
of Humanity,
Wisdom
and Self-sufficiency that unite the community and the Nation.
The Judiciary
Judges to the
Supreme Court (the country's highest court) are appointed on merit by the
Supreme Council for a term of 6 years. (Candidates
must demonstrate knowledge, skills and qualities against the selection criteria
stipulated
in the constitution
to be
appointed).
The Judiciary is otherwise independent and serves to:
-
Uphold the
sacred
Hela values
of Humanity,
Wisdom
and Self-sufficiency
-
Uphold the sovereignty of the indigenous Hela
Culture and the territorial integrity of
Heladiva
-
Uphold the Civil rights and Human rights of
all People on the Island
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