Chapter 2.1.

Chapter 2: Charter of the Commons' Convention

2.1. From the national constitution to the people's charter 

Communist law also adopts a hierarchical structure based on superiority and inferiority of effectiveness, but its content is different from bourgeois law. The apex of the modern bourgeois legal system is the constitution. This is why it is also called the supreme law.

The constitution referred to here is meant to be the basic law of the nation. In other words, a bourgeois constitution is a national constitution in the sense that it presupposes the existence of a political state.

This is precisely where the danger lies that bourgeois constitutions often become detached from the people and become legal tools for the ruling class to govern and maintain its system. The rewriting of constitutional provisions in effect through technical "legal interpretations" is the maximum expression of such a danger, but it is also quite possible for the constitution itself to be enacted to suit the ruling class from the time of its enactment.

Such artifices of the ruling class are often justifiably criticized as "contrary to the main purpose of the modern constitution, which is to control and restrain state power," but the fact that this correct criticism is difficult to apply is, in a sense, the essence of the national constitution.

Since the national constitution is the basic law of the nation, representatives of the nation's ruling class play a central role in its drafting, and the general public is not involved in its drafting. In modern bourgeois constitutions based on popular sovereignty, the people are said to have the "ultimate" constitutional power, but this suggests that there is indeed a "direct" constitutional framer and that ordinary citizens are symbolically feted as nominal "sovereigns."

Therefore, even if we declare that the purpose of modern bourgeois constitutions is to control and restrain state power, there is no way that the ruling class of the state would seriously consider controlling and restraining state power, which is their weapon. For them, the constitution is a treasured sword in the exercise of power.

In contrast, the supreme law in communist law is no longer the national constitution. This is because in true communism, neither the concept nor the system of the state.

The supreme law in communist society is the people's charter, which is the fundamental law that defines the basic principles for the common people to run their own society, and at the same time, it has the form of the charter of the Commons' Convention, which is the operating rules of the Commons' Convention as the representative body of the common people. 

👉The papers published on this blog are meant to expand upon my On Communism.

Chapter 1.6.

Chapter 1: Communism and Law

1.6. Multilayered legal system

Modern bourgeois law can be roughly divided into two main systems, domestic law and international law, depending on its legal scope, but there is no such distinction in communist law. This is because a communist society will ultimately be subsumed into the global transnational organization of the World Commonwealth.

Therefore, overall, communist law is nothing but "internal" law within the World Commonwealth, but if we classify it from the perspective of the place in which it is enacted, it can be classified as follows.

World Law enacted by the World Commons' Convention, which also serves as the World Commonwealth General Assembly; Grand-Zonal Law enacted by the Commons' Convention of a Grand-Zone, a continental division of the World Commonwealth; Zonal Law enacted by the Commons' Convention of each Zone comprising the World Commonwealth; Zonelet Law enacted by the Commons' Convention of a Zonelet (i.e., Quasi-Zone) which is a constituent entity comprising a federal Zone; Provincial or Regional Law enacted by the Commons' Convention of a Provincial Area or a Regional Area in a unitary Zone. Commune Law enacted by the Commons' Convention of a municipal Commune.

Of these, World Law and Grand-Zonal Law correspond to current international treaties, while Zonal Law corresponds to national law, Zonelet Law to state law, and Provincial or Regional Law and Commune Law to local ordinances. Therefore, if we deliberately classify these laws into two systems, internal and external, we can call World Law and Grand-Zonal Law "transnational laws," and Zonal law, Zonelet law, and Privincial or Regional Law, Commune Law "domestic laws."

However, World Law in communist law is no longer precluded by national sovereignty, so it is not essentially different from other laws. What differs is the geographical scope of their effect. There is no superiority or inferiority in the relationship between these five types of laws. World law and Grand-Zonal are also valid as laws in the Zones that are included by the World Commonwealth and the Grand-Zones, and stand on an equal footing with Zonal law. Furthermore, the relationship between Zonal law, Zonelet law, and Provincial or Regional Law, Commune law is also equal. *

This relationship of equality between legal types is the result of a clear division of roles among the World Commonwealth, Grand-Zones, Zones, Zonelets, and various local entities, and that they do not compete with each other. Therefore, there is no strict need for the hierarchical classification of names such as treaties, laws, and ordinances; all are "laws." 　

Thus, the system of communist law will form a multilayered system without being hierarchical up or down within the World Commonwealth that unites the earth, and the whole will function organically, each with a clear legal purpose.

*When it is necessary to establish a uniform standard for matters under the jurisdiction of a Zonelet or local entity, the Zonal Law called a framework law may constrain the Zonelet law or local laws. In addition, in a federal Zone, the Zonelet Law in principle supersedes the federal Zonal Law (except for the Charter).

👉The papers published on this blog are meant to expand upon my On Communism.