Tuesday, February 20, 2018

Introduction

The political dysfunctional of Australia within recent years, is evidence prove that the Australia Government Structure is outdated and needed major upgrade. The Commonwealth of Australia Government structure, is introduced in 1911, over 106 years ago, when the population of Australia is a mere, 4.5 million. Today, Australia is a country of over 24 million. Flaws of Australia government structure, that would not cause problems, one hundred years ago, is now helping to create the issue of political dysfunctional and political disorganize for modern Australia.
 
This series would explore flaws of Australia Government structure and how it is helping to create the issue of political dysfunction and political disorganize for modern Australia and what sort of upgrade will help resolve the problems. 


Chapter 1: Prime Minister and Deputy Prime Minister

Introduction

The political dysfunctional of Australia within recent years, is evidence prove that the Australia Government Structure is outdated and needed major upgrade. The Commonwealth of Australia Government structure, is introduced in 1911, over 106 years ago, when the population of Australia is a mere, 4.5 million. Today, Australia is a country of over 24 million. Flaws of Australia government structure, that would not cause problems, one hundred years ago, is now helping to create the issue of political dysfunctional and political disorganize for modern Australia.
This series would explore flaws of Australia Government structure and how it is helping to create the issue of political dysfunction and political disorganize for modern Australia and what sort of upgrade will help resolve the problems. 

Chapter 1: Prime Minister and Deputy Prime Minister

It would also explore some others flaws of Australia Government structure and how it will one day, also help to create problems for Australia and what sort of upgrade will resolve the problems.

As current Australia Prime Minister Malcolm Turnbull said, the Prime Minister of Australia, is not a President.

But the problem is that, in reality, the Prime Minister of Australia, perform both the duty of a President (King or Emperor in some countries) and a Prime Minister (Secretary of State, in some countries). Thus, the resolution is to reform the position of Prime Minister, into a Prime Minister in name, but President in practice, referencing the US system of electing a President, any Australian citizen over age of forty and got no criminal record, got the right to run for the position of Prime Minister and there should be no limitation in the number of candidates, but unlike the US, he should be elected via the popular vote, rather than electoral college.

Despite the Prime Minister play the role of both a Prime Minister (Secretary of State in some country) and a President (King or Emperor in some country), who can become the Prime Minister, is greatly limited by the two-party system, mean in comparison to the US

1.       Australia is less likely to have good Prime Minister candidates: US are more likely to have good President candidates
2.       Australia is more likely to get stuck with only bad candidates: US are less likely to get stuck with bad only candidates

This is because

1.       Due to the two-party system, at Australia only people who is a MP/leader of left or right side of House of Representative can be elected as Prime Minister: US allows any US citizens by birth over the age of 40, with no criminal record to become President candidate

And such great Prime Minister candidate restriction of Australia, is simply not necessary

2.       Due to the two-party system, at Australia there can always be at most two candidates (leader of left side of House of Representative and leader of the right side of House of Representative): US allows unlimited number of candidates, thus, there can be as many candidates, as the number of US citizen by birth with no criminal record and is over the age of forty.

Despite only candidates from major party could receive more media attention, the number of candidates that can run is unlimited, for example, in the last US Presidential election, apart from Hilary Clinton and Donald Trump, there was in fact seven more Presidential candidates, despite these seven candidates, didn’t get invited to any major TV network, Presidential debate.

And restricting the number of Prime Minister candidate to two candidates, is simply not necessary.

As a result

1.       In elections, Australians only get to choose between leader of left or right side of House of Representative to be Prime Minister, only allowing two candidates: Americans get to choose from any American citizens by birth over 40 years old, with no criminal record and want to be President, allowing unlimited number of candidates.

2.       US is more likely to have good candidates in comparison to Australia and US is less likely to be limited to bad candidates in comparison to Australia (despite it might still happen for the US, but still, lease likely) As a result, US are more likely to have better government then Australia (not necessary have better government then Australia, but more likely)

In addition, in Australia the MP can change the leader of their side of House of Representative at pleasure, thus, change the Prime Minister, considering the Prime Minister of Australia, play both the role of Prime Minister and President, it can lead to great political instability. Of course, it could also have an advantage of, if a bad person become Prime Minister, it is easier to remove and replace him, but that would require the greater majority of MP are looking out for national interest, otherwise, it would be counterproductive, as we seen from for example, a main reason Kevin Rudd was been removed from the Prime Minister position, is due to him, not willing to share power, with the other MPs from his side of the House of Representative and even Malcolm Turnbull, it seems that he need to be fearful of not pleasing the interest of the MP, if he wants to stay as Prime Minister.

Thus, the US system better allows a good and stable government, while the Australian system, are less likely to such effect and for a country with a population of 24 million, it need a system that can better allow a good and stable government.

Thus, this article firstly proposed the idea, for the Prime Minister, to become a Prime Minister in name, but an US style President in practice, not needing to be a MP or leader of the left or right side of House of Representative, there can unlimited number of candidates running for the position of Prime Minister and any Australian citizen over the age of forty, with no criminal record can run for such office.


Constitution Reform Proposal Article 1: Prime Minister, Deputy Prime Minister, Acting Prime Minister

(A)
The Prime Minister shall hold his office during the Term of four Years and together with the Deputy Prime Minister, chosen for the same Term, be elected.

(B)
No person who has been elected as Prime Minister twice can again be candidate for the position of Prime Minister, but if approved by both the Senate and the House of Representative, within two years and at least one year, before his second term expire, he can be the candidate for the position of Prime Minister for a third term, but no person should under any circumstances, be elected for a fourth term as Prime Minister. 

Upon becoming a candidate, for the position of Prime Minister or Deputy Prime Minister, a candidate for position of Prime Minister or Deputy Prime Minister should declare to the electoral commission whether he is a citizen of the Commonwealth by birth or by naturalize and if he is a citizen by naturalize, he should declare to the electoral commission his nation of birth and whether he hold citizenship to such nation, if he failed to declare those information at least fourteen days, before the election, he cannot be elected, but if he did not failed to declare those information at least fourteen days, before the election, he can be elected, the electoral commission should declare those information upon the ballot paper.

Subject to above, all people can be elected as Prime Minister and Deputy Prime Minister, if
1.   he is a current citizen of the Commonwealth by birth for over twenty-five years or
2.  if he is a current citizen of the Commonwealth by naturalize for over thirty years and no longer hold citizenship to his nation of birth or;
3.   he is a current citizen of the Commonwealth by naturalize for over thirty-five years 

and if

1. he not a current member of any Armed Force of the Commonwealth
2. he got no criminal record by the Commonwealth.
3. he got no criminal record by another country unless, the Federal High Court determined otherwise, for such criminal record of his. 
4. he is over the age of forty. 

But no person who does not meet these criteria can be elected as Prime Minister or Deputy Prime Minister

(C)
The Prime Minister and Deputy Prime Minister shall be directly elected by the citizens of the Commonwealth and all citizens of the Commonwealth age seventeen or over, who have no criminal record, shall have the right to vote, each citizen of the Commonwealth should have only one vote and the worth of each vote, is equal, but no person who is not a citizen of the Commonwealth should have the right to vote.

(D)
A pair of Prime Minister and Deputy Prime Minister candidate shall register jointly and be listed as a pair on the ballot. The pair that receives the highest number of votes shall be elected.

(E)
The election should be hold, within one year and at least three months, before the term of the previous Prime Minister and Deputy Prime Minister expires.

(G)
If the Prime Minister is absent, the Deputy Prime Minister shall serve as Acting Prime Minister, until term of service is complete or if the Prime Minister has returned.

(H)
If the Prime Minister, position, become vacant, before the term of service expired, the person serving as the Deputy Prime Minister shall become the Prime Minister and he should serve as Prime Minister until the term is complete. Upon becoming the Prime Minister, he shall seize been the Deputy Prime Minister.

(I)
Unless been charged with treason, a person serving as Prime Minister or Deputy Prime Minister should not stand trial, while in office. When the Prime Minister is on trial, he is absent.

(J)
The Prime Minister should have policy for security of the Commonwealth, when necessary, when the Prime Minister is absent, such responsibility, belongs to the Acting Prime Minister. Therefore, the Office of the Prime Minister shall have a Commonwealth Security Council, with at least one Commonwealth security agency been subject to it. The Chief of the Commonwealth Security Council should be appointed by the Prime Minister.

(K)
The Prime Minister of the Commonwealth of Australia, shall replace the Governor General and the Queen within Chapter Two of the Constitution, when the Prime Minister is absent, such authority and responsibility should belong to the Acting Prime Minister.

(L)
The Deputy Prime Minister should replace the Governor General in Chapter four of the constitution.

(M)
Whenever the Deputy Prime Minister Position is vacant, the Prime Minister should propose three replacement candidates to the Senate and the Senate should choose one of the candidate to serve as the Deputy Prime Minister, for the rest of the term.

(N)
The Prime Minister should replace the Queen in Chapter seven of the constitution. The Deputy Prime Minister should replace the Governor General in Chapter seven of the constitution.

(O)
The Prime Minister should replace the Queen and the Governor General in Chapter eight of the constitution.

(P)
During martial law, the Senate should elect the Prime Minister and Deputy Prime Minister, on behalf of the citizen of the Commonwealth, if both the Prime Minister and the House of Representative belief electing directly by the citizens of the Commonwealth, is too difficult to imply under the circumstances, but once the Prime Minister, Deputy Prime Minister, House of Representative or Senate think that is no longer the case, the power of electing the Prime Minister and Deputy Prime Minister should be return to the people of the Commonwealth from the Senate. The Senate, cannot elect the Prime Minister and Deputy Prime Minister on behalf of the citizen of the Commonwealth, unless it is during martial law and it is less than six months, till the term of the current Prime Minister and Deputy Prime Minister expire. 

(Q)
The Prime Minister should not be removed from office before the term of service is completed via any method other than that stated by this constitution.

(R)

In regards to what to do this article of the constitution reform is created in reference to the Constitution of the United States of America and the Republic of China 中華民國 (Taiwan), in regards to how the President and Vice President is elected, when this constitution reform been created, it is also created in reference to the election of the Consuls of the Roman Empire during the Republic era and what lead to the success of these dynasties.

Chapter 2: Legislative

Introduction

The political dysfunctional of Australia within recent years, is evidence prove that the Australia Government Structure is outdated and needed major upgrade. The Commonwealth of Australia Government structure, is introduced in 1911, over 106 years ago, when the population of Australia is a mere, 4.5 million. Today, Australia is a country of over 24 million. Flaws of Australia government structure, that would not cause problems, one hundred years ago, is now helping to create the issue of political dysfunctional and political disorganize for modern Australia.
This series would explore flaws of Australia Government structure and how it is helping to create the issue of political dysfunction and political disorganize for modern Australia and what sort of upgrade will help resolve the problems. 

Chapter 2: Legislative

As talked about in Part 1, the first and most important thing to do, is to conduct reform, making the Prime Minister, only a Prime Minister in name, but more like an US President in practice. Thus, the Prime Minister, is no longer a member of the House of Representative and is independent from the House of Representative, but elected directly by the citizens of the Commonwealth of Australia. (For detail of why that is the case, please refer to Chapter 1)

When making reform to allow the Prime Minister to become more like an US President. There will also be a need to reform the Legislative system of Australia.

In the US, the power of the Legislative branch of the US Government is vast on its Congress, including the House of Representative (Commonly refer to as a congressman), Senate and President. Power of Australia’s legislative branch is vast on the Parliament, including House of Representative, Senate and the Queen (with the Governor General acting on behalf of the Queen.) Thus, the constitution need to be amended, so the Prime Minister, mentioned in Chapter 1 above, can replace the Queen and Governor General in the Legislative branch.


However, by doing so, there is a further problem that need to reform. In Australia the Governor General can dissolve the Parliament at pleasure, while, some could argue this is an advantage, because if the Parliament, is bad, the Governor General can simply dissolve it, it can also have a disadvantage, if the loyalty of the Governor General is otherwise misplaced. Such problem can become an even bigger issue, when the Prime Minister, replace the Queen and Governor General. Thus, further amendment, need to be make, so the Parliament can no longer be dissolve at pleasure. In many democracy country, the power to dissolve the Parliament, is vast in its President (or King or Emperor, if there is no President), but come with great restriction. Thus, this article recommends the dissolving of the Parliament, by the Prime Minister, can only occur, when the Parliament is six months till expire.

Constitution Reform Proposal Article 2: Parliament and Legislative

(A)
The Legislative power of the Commonwealth shall be vested in a Federal Parliament which shall consist of the Prime Minister, the House of Representative and a Senate. Chapter 1 Part 1 section 1 of the constitution should no longer be used.

(B)
The Parliament should be the highest legislative authority of the Commonwealth.

(C)
A joint sitting by the House of Representative and the Senate should from hence forward been known as a Grand Senate.

(D)
The President of the Senate should be the Legislative Chancellor and the Chairman of the Grand Senate. The Speaker of the House of Representative should be the Deputy Legislative Chancellor and the Vice Chairman of the Grand Senate. 

(E)
The Legislative Chancellor should replace the Governor General in Chapter 1 Part 1 section 5 of the constitution, but unless this constitution state otherwise, then unless, such House of Representative has less than six months till its term of service expires, the Legislative Chancellor shall not exercise such authority to prorogue the parliament or dissolve the House of Representative, unless approved by the Prime Minister and unless such House of Representative has less than one year to its term of service expire, the Legislative Chancellor shall not exercise such authority to prorogue the parliament or dissolve the House of Representative, unless approved by the Prime Minister and the Grand Senate.

(G)
When a law is proposed by a member of the House of Representative or the Senate, the Grand Senate should vote on the issue, and if over half of the members of the Grand Senate approved, the law should be deemed as having passed both the House of Representative and the Senate. But when a law is proposed by others, the proposed legislation must be approved by both over half the member of the House of Representative and over half the member of the Senate, unless this constitution state otherwise.

(H)
The Deputy Prime Minister, shall replace the Governor General in Chapter 1 Part 3 and in Chapter 1 Part 4 of the constitution, but if there is no Deputy Prime Minister, the Prime Minister shall replace the Governor General in such sections of the constitution, but unless this constitution state otherwise, then unless, such House of Representative has less than six months till its term of service expires, the Deputy Prime Minister shall not exercise such authority to prorogue the parliament or dissolve the House of Representative, unless approved by the Deputy Legislative Chancellor and unless such House of Representative has less than one year to its term of service expire, the Deputy Prime Minister shall not exercise such authority to prorogue the parliament or dissolve the House of Representative, unless approved by the Deputy Legislative Chancellor and the Grand Senate.

(I)
Election for the House of Representative should be hold at least three months before the current House of Representative expire

(J)
The Prime Minister should replace the Queens within Chapter 1 Part 5 of the constitution.

(K)
The Acting Prime Minister should replace the Governor General in Chapter 1 Part 5 section 58section 59 and section 60 of the constitution. The Prime Minister should replace the Governor General in the rest of Chapter 1 Part 5 of the constitution.

(L)
Whenever the Legislative Chancellor is absent or if the position is vacant, the Deputy Legislative Chancellor should serve as Acting Legislative Chancellor, which should have all responsibility and authority of the Legislative Chancellor.

(M)
If by the law of any State all persons of any criminal record are disqualified from voting at the elections of the State, then, in reckoning the number of the people of the State or the Commonwealth, votes of persons of such criminal record shall not be counted.

(N)
The Parliament shall subject to this Constitution have power to make laws for the peace, order and good government of the Commonwealth with respect to people of any criminal record, criminal organization and any terrorist organization for whom it is deemed necessary to make special laws. 

(O)
Chapter 1 Part 3 section 25 of the constitution is deem as racist and inappropriate and should no longer be used.

(P)
Chapter 1 Part 5 section 51 article xxvi of the constitution is deem as racist and inappropriate and should no longer be used.

Note: (This is not part of the constitutional reform proposal, which is why it is written in Italic,) 


(Q)
The number of seat within the House of Representative should not be less than one hundred and should not be more than three hundred.

(R)
The Prime Minister got the authority to sign treaties and to declare war on behalf of the Commonwealth, but can only take effect, if the Grand Senate approves it.

(S)
The person serving as Prime Minister can be removed from office by been proposed by the Grand Senate and then approved by the citizens of the Commonwealth in a vote, for the Grand Senate to make such proposal it require for at least twenty-five percent of members of the Grand Senate to propose it to the Grand Senate, agree upon by over seventy percent of the member of the Grand Senate. In the vote, all citizen of the Commonwealth that is seventeen years old or older and got no criminal record, got the right to vote and each vote is equal in worth.  

Unless over half of the citizen of the Commonwealth who voted, vote in favour of removing such person serving as Prime Minister and over ninety percent of the citizen of the Commonwealth that is seventeen years old or older and got no criminal record voted, such person serving as Prime Minister should not be removed from office and the Grand Senate, cannot propose for such person serving as Prime Minister to be removed again, during such term in office, but if over ninety percent of the citizens of the Commonwealth who is age seventeen or older and got no criminal record voted and over half of the citizen of the Commonwealth who voted, vote in favour of removing such person serving as Prime Minister from office, such person serving as Prime Minister and Deputy Prime Minister should resign with seven days and should automatically seize been the Prime Minister or Deputy Prime Minister on day seven, if he did not resign. 

The Grand Senate cannot propose for a person serving as Prime Minister to be removed from such office, during the first or last year of his term in office. 

(T)
Upon becoming a candidate to be a member of the Federal House of Representative of the Commonwealth or the Federal Senate of the Commonwealth, he must declare to the electoral commission, whether he is a citizen of the Commonwealth by birth or by naturalize and if he is a citizen by naturalize, he should declare to the electoral commission his nation of birth and whether he hold citizenship to such nation, if he failed to declare those information at least fourteen days, before the election, he cannot be elected, but if he did not failed to declare those information at least fourteen days, before the election, he can be elected, the electoral commission should declare those information upon the ballot paper. 

(U)
Subject to the criteria above, all people can be elected as a member of the House of Representative, if
1.   he is a current citizen of the Commonwealth by birth for over five years or
2.  if he is a current citizen of the Commonwealth by naturalize for over ten years and no longer hold citizenship to his nation of birth or;
3.   he is a current citizen of the Commonwealth by naturalize for over fifteen years 

and if

1. he not a current member of any Armed Force of the Commonwealth
2. he got no criminal record by the Commonwealth.
3. he got no criminal record by another country unless, the Federal High Court determined otherwise, for such criminal record of his. 
4. he is over the age of twenty 

But no person who does not meet these criteria can be elected as a member of the House of Representative

(V)
Chapter 1 Part 3 section 34 of this constitution should no longer be used, 

(W)
Chapter 1 Part 4 section 44 of this constitution should no longer be used

(Chapter 1 Part 4 Section 44: is the line within the constitution, which the Federal High Court of Australia, currently define as those who got dual citizenship [excluding British citizenship] cannot be a member in Parliament)

Chapter 1 Part 2 section 16 of this constitution should no longer be used.

(X)
subject to the criteria above, all people can be elected as a member of the Senate, if
1.   he is a current citizen of the Commonwealth by birth for over fifteen years or
2.  if he is a current citizen of the Commonwealth by naturalize for over twenty years and no longer hold citizenship to his nation of birth or;
3.   he is a current citizen of the Commonwealth by naturalize for over twenty-five years 

and if

1.  he is not a current member of any Armed Force of the Commonwealth
2. he got no criminal record by the Commonwealth.
3. he got no criminal record by another country unless, the Federal High Court determined otherwise, for such criminal record of his. 
4. he is over the age of thirty 

But no person who does not meet these criteria can be elected as a member of the Senate

(Y) 

In regards to what to do this article of this constitution reform is created in reference to the legislative branch of the United States of America, Republic of China 中華民國 (Taiwan) and Republic of Korea 대한민국 大韓民國 (South Korea) when this constitution reform was been made and the legislative branch of the Roman Empire and what make these dynasties successful.


Chapter 3 Executive Government

Introduction

The political dysfunctional of Australia within recent years, is evidence prove that the Australia Government Structure is outdated and needed major upgrade. The Commonwealth of Australia Government structure, is introduced in 1911, over 106 years ago, when the population of Australia is a mere, 4.5 million. Today, Australia is a country of over 24 million. Flaws of Australia government structure, that would not cause problems, one hundred years ago, is now helping to create the issue of political dysfunctional and political disorganize for modern Australia.
This series would explore flaws of Australia Government structure and how it is helping to create the issue of political dysfunction and political disorganize for modern Australia and what sort of upgrade will help resolve the problems. 

Chapter 3 Executive Government

As a result, of the change to the Prime Minister position, the Executive government also require changing. According to US constitution, the power of the executive government is vast on the President, within the Executive Government of the US there are the US State Department, which is in charge of running the country and the Chairman of Joint Chief of Staff, in charge of assisting the President to run the military.

In Australia that same power is vast upon the Governor General. Despite the Prime Minister is the one that actually run the Executive Government, by constitution he is merely a minister of the Governor General.

As explain in part one, the primary resolution is to transform the Prime Minister, to become a Prime Minister in name, but a US style President in practice, elected by the people of Australia and independent from the House of Representative.

Thus, within this reform, we officially replace the Governor General with the Prime Minister, in the executive government, the additional advantage of such, is that, when Australia become a Republic, the Prime Minister can simply become a President in name also.

In addition, based on the Experience of the United States of America, why China collapsed by 19th century and why prior to that China was most powerful for most of human history, is the important of not having an over centralized government structure. This include the executive government, which should be more decentralized.

One of the main reason, China was once the most powerful nation, is they know the importance of having a decentralize government structure. By, 207BC, China already established a three levels government, including Federal, State and Town. Each level is independent, with its own law, but Town can’t contradict the state it belongs to and State can’t contradict the Federal, thus, the Federal Government, only need to worry about the big picture of the country and need not worry about local affairs, this was a great advantage, 2000 years ago, when communication long distance, is hard and unlike today, where President can travel all over the country, the difficult to travel mean, ancient Emperor, cannot leave the capital, which is the command headquarter of the country and whenever the Emperor is not in the capital, the crown prince must, act as, acting Emperor.

In term of Federal, it is also highly decentralized, with three houses and nine ministries. The three houses included, administration (charged with administering the country, administer by the Prime Minister), military (administer by the Emperor) and monitoring (monitor federal and local government for treason and corruption). The 9 ministries, was yet, at an infant stage, back then, where most of the 9 ministries are charge with palace affairs, rather than state affairs. By the 14th century, the system became mature, the executive government was split into three branches, including administration (administer by the Prime Minister), armed force (Administer by the Emperor, assist by a Senior Military Officer, the position is same as modern US Chairman of Joint Chief of Staff) and monitoring (administer by the Deputy Prime Minister). The administration branch is split into six ministries including internal affairs, foreign affairs, justice, defence, personnel and national service, each ministry has departments subject to it, each department, can have various organizations subject to it. This way, the Emperor only need to worry about the big picture, leaving detail to the officer in charge of the three branches. Then the Prime Minister need only worry about big picture of State admin, leaving detail to officer in charge of the six ministries, the officers charge with six ministries, only need worry about big picture of its ministry, leaving detail to departments subject to it, officer charge with each department, only need to worry about its big picture, leaving detail to each, organization subject to it. Each organization, got little work, to conduct. This is a great advantage, especially during those days, where traveling long distance take a long time and the distance between people is, longer, due to the slow travelling speed, to transport people and information. Later the First Emperor of the Ming Dynasty China, abolished the Prime Minster position, but later Emperors realize having the Emperor needing to administer all administration, is too much work and could lead the Emperor to miss the big picture, thus, by early 1400, the position of Secretary of State was established, a position that is same as modern US Secretary of State, as a loophole in the constitution of the Ming Dynasty China that does not allow Prime Minister. Such well-organized task orientated decentralized government system, is one of the main reason, China use to be the most powerful

By the early 18th century, President George Washington, also realized, needing the President to administer all of the executive affairs of a country, is not practical, as the huge work load leads to complete disorganization. Not knowing, whether it was model after the Ming dynasty China, the US also established the US State Department, whose function is exactly the same to the administration branch of Ming dynasty China, administer by a Secretary of State, which is a post, exactly the same to Ming dynasty China’s Secretary of State.  Within the US State department, it can again be split into many departments and then many sub department, subject to each department.


Ironically, the following dynasty of China, the Qing dynasty, dramatically decrease the power of all branches of the Executive Government and gave all authority to the office of the Emperor, as an attempt of the Emperor trying to secure its power. Other branches of the Federal government, frequently can only act as adviser, local government, also see dramatic decrease in authority. Thus, the office of the Emperor is now charge with nearly everything. The British ambassador to then China refer to the Qing dynasty, as a large ship with only one sailor, if the sailor become dizzy for only one second, the ship would start to sink and nothing the sailor can do later, could stop the sinking, which was exactly what we see happening in China, by late 18th century. Thus, show us an important lesson to avoid an overly centralized government structure.  

Constitution Reform Proposal Article 3: Executive Government Reform

The Executive Government of the Commonwealth should be split into three branches, including House of Administration, House of Armed Forces and House of Human Resource. 

Section 3.1: House of Administration


(A)
The Executive Government of the Commonwealth should include a House of Administration, subject to this constitution, this is the highest Administration authority of the Commonwealth.

(B)
The House of Administration should be administered by the Administration Chancellor. The Prime Minister appoint the Administration Chancellor, if the Prime Minister is absent, such authority is given to the Acting Prime Minister, but the Prime Minister can overrule the decision of the Acting Prime Minister, after returning from absent. The Administration Chancellor should serve a term that expire upon the pleasure of the Prime Minister.

(C)
Subject to the Administration Chancellor and Acting Administration Chancellor, the House of Administration should be split into six ministries, including the ministry of finance and interior affairs(戶部), the ministry of foreign affairs, public relationship and public education(禮部), the ministry of defense(兵部), the ministry of justice(刑部), the ministry of House of Administration human resource(吏部) and the ministry of public service and national infrastructure(工部). 

All departments and administration committees of the Commonwealth, should be subject to one of the six ministries. Each department, can have various sub departments and administration Sub Committee subject to it. 

Foreign affair and public education belongs to the same ministry, because a ministry in charge of foreign affair got a better understanding to education needed to remain competitive in the international community and can better import foreign knowledge into the country. Thus, both the department of foreign affair and the department of education, should belong to the same ministry.

(D)
An officer appointed to administer a ministry of the Commonwealth should be a candidate proposed by the Administration Chancellor or Acting Administration Chancellor and approved by the Prime Minister, such officer should be known as a Senior Minister. 

The person appointed to administer the ministry of justice should also be known as an Attorney General.

No person who is not a citizen of the Commonwealth by birth should administer the ministry of defence or a department, administration committee, sub department or an administration Sub Committee, subject to the ministry of defence, unless approved by the Senate and if such person, hold citizenship to his nation of his birth, he must also be approved by the House of Representative.

(E)
An officer appointed to administer a department of the Commonwealth or an administration committee of the Commonwealth, should be a candidate proposed by the Senior Minister administering the ministry, such department or administration committee is subject to and approved by the Prime Minister. Such officer administering such department should be known as a minister. Such officer administering such administration committee, should be known as an Administration Committee Chairman

(G)
An officer appointed to administer a sub department of the Commonwealth or an administration Sub Committee of the Commonwealth, should be a candidate proposed by the minister administering the department, such sub department or administration Sub Committee is subject to and approved by the Administration Chancellor or Acting Administration Chancellor. Such officer administering such sub department should be known as a Junior Minister. Such officer administering such administration Sub Committee, should be known as an Administration Sub Committee Chairman. 

(H)
The law set all departments and sub departments of the Commonwealth and which ministry is such department subject to and which department, is such sub department subject to. The structure and operation procedure of each department, sub department, administration committee and administration Sub Committee should be subject to the law, such law should be created base on the function of such department, sub department, administration committee or administration Sub Committee.

(I)
There should be a Federal Administration Council, member of such Council, should include the Administration Chancellor and such officer appointed to administer a ministry, department, sub department, administration committee or administration Sub Committee. Members of the Federal Administration Council got the right to propose law to the parliament. No person should administer more than one ministry, one department, one administration committee, one sub department or one administration Sub Committee, at a time. 

(J)
If 
1. the Administration Chancellor is absent or if the position is vacant, the officer appointed to administer the ministry of finance and internal affair (戶部尚書) should serve as Acting Administration Chancellor and if such officer is also absent or if the position is vacant, then;

2. the officer appointed to administer the ministry of foreign affairs, public relationship and public education (
禮部尚書) should serve as Acting Administration Chancellor and if such officer is also absent or if the position is vacant then;

3. The officer appointed to administer the ministry of defense (
兵部尚書) should serve as Acting Administration Chancellor and if such officer is also absent or if the position is vacant then;

4. The officer appointed to administer the ministry of justice (
刑部尚書), should serve as Acting Administration Chancellor and if such officer is also absent or if the position is vacant then;

5. The officer appointed to administer the ministry of House of Administration human resource (
吏部尚書) should serve as Acting Administration Chancellor and if such officer is also absent or if the position is vacant then; 

6. the officer appointed to administer the ministry of public service and national infrastructure (
工部尚書should serve as Acting Administration Chancellor 

(K)
The House of Administration should propose the budget of the Commonwealth, of the following year, to the Parliament, before the end of the financial year.

(L)
The Federal Administration Council got the responsibility to advice the Parliament in the Administration of the Commonwealth.  

The Senate has the right to question the Administration Chancellor and Senior Ministers, the President of the Senate set such meeting. 

The House of Representative has the right to question any Ministers, Administration Committee Chairman, Junior Ministers and Administration Sub Committee Chairman. The Speaker of the House of Representative set such meeting.

The Prime Minister has the right to question member of the Federal Administration Council, the Prime Minister set such meeting. 

The Acting Prime Minister has the right to question member of the Federal Administration Council, the Acting Prime Minister set such meeting.

(M)
If the Administration Chancellor or Acting Administration Chancellor believe any law, budget or treaty that the Parliament approved is difficult to implement, he shall inform the Prime Minister, if the Prime Minister approve, the Administration Chancellor or Acting Administration Chancellor, if the Administration Chancellor is absent or if the position is vacant shall, inform the Grand Senate within ten days. The Chairman of the Grand Senate shall summon the Grand Senate to meet within seven days to discuss the issue, if the Chairman of the Grand Senate did not summon the Grand Senate to meet within seven days, the Grand Senate should meet automatically to discuss the issue on day seven. The Grand Senate shall make a vote of determination within fifteen days after the first meeting to discuss the issue and if over half of the member of the Grand Senate, still voted in favor of the approved law, budget or treaty, then the Administration Chancellor and the Acting Administration Chancellor, must accept the decision.

(N)
The person who is a member of the Federal Administration Council should

1. have no criminal record
2. not be a current official or General Personnel of the Armed Force of the Commonwealth and 
3. be over the age of thirty 

(P)
Chapter 2 section 62 of the constitution should not apply to a member of the Federal Executive Council, which have otherwise been specified by the constitution. Chapter 2 section 64 of the Constitution should no longer be used. Chapter 2 section 67 of the Constitution should not apply to a member of the Federal Executive Council, which have otherwise been specified by the constitution.

(Q)
During a time of nature disaster and there is a need to deal with the problem right away, the Prime Minister should meet up with the Administration Chancellor or Acting Administration Chancellor if the Administration Chancellor is absent or the position is vacant, afterwards the Prime Minister can declare a state of emergency and declare emergency laws, without the approval of the parliament, to resolve the problem, if he felt necessary, but such emergency law should not exceed such purpose and shall expire upon one month, unless approved by the Grand Senate, when the Prime Minister is absent, such authority of the Prime Minister, belongs to the Acting Prime Minister.

(R)
During a time of civil unrest or foreign invasion or major financial disaster and there is a need to deal with the problem right away, the Prime Minister should meet up with the Administration Chancellor or Acting Administration Chancellor if the Administration Chancellor is absent or the position is vacant, afterwards the Prime Minister can declare a state of emergency and declare emergency laws, without the approval of the parliament, to resolve the problem, if he felt necessary, but such emergency law should not exceed such purpose and shall expire upon ten days, unless approved by the Grand Senate, when the Prime Minister is absent, such authority of the Prime Minister, belongs to the Acting Prime Minister. 

(S)
Subject to this constitution, as soon as after declaring a state of emergency, the Prime Minister and Acting Prime Minister, can declare martial law, if he deems fit, but should not declare martial law, under any other circumstances, if the House of Representative, Senate, Grand Senate, Acting Prime Minister or the Prime Minister felt martial law is no longer necessary, the martial law must end. No person other than the Prime Minister and the Acting Prime Minister can declare martial law over the Commonwealth.

(T)
The Prime Minister has the authority to dismiss the emergency law made by the Acting Prime Minister, after returning.

(U)

In regards to what to do this section of this constitutional reform is created in reference to the State Department of the United States of America and the Executive Yuan of the Republic of China 中華民國(Taiwan) during the era where this constitutional reform is been made and it is also created in reference to the Administration branch of the Ming Empire (China and Eastern Manchuria 1368AC~1644AC) and what lead to the success of these dynasties. 


Local Government structure reform method proposal (post constitution reform)

(A) According to the Federal Electoral District of the House of Representative, divide the territory of the Commonwealth into multiple Dist...