Chapter 2: Charter of the Commons' Convention
2.2. Unified Structure of the Charter
The significant difference between the Charter of the Commons’ Convention, which is the highest law in a communist society, and the constitution, which is the basic law of the nation, is that instead of each country having its own constitution, and mutually excluding each other from the source of law as "foreign law," the whole world have a unified source of law, the Charter of the World Commonwealth (hereinafter referred to as the World Charter).
This World Charter is the "Constitution of the Earth," so to speak, equivalent to the Charter of the United Nations (UN Charter) in the current system. However, the UN Charter binds only the member states of the UN, and is not of the nature that it naturally supersedes national constitutions, but is of a negative nature in that it is only a treaty that establishes the rules of operation of the UN, an alliance of sovereign states.
On the other hand, the World Charter is literally the highest law for the entire planet, and is applied to all Zones that make up the World Commowealth. Each Zone enacts its own charter of the Commons’ Convention using the World Charter as its source of law. Conversely, the charters of each Zone are constrained by the fact that they cannot violate the World Charter.
In this way, the World Charter and the Zonal charters have a unified structure in which they are interconnected, with the World Charter as the fundamental source of law. However, the relationship between the World Charter and the Zonal charters is not a hierarchical relationship, but rather an inclusive relationship in which the World Charter subsumes the Zonal charters as its divisional laws. Furthermore, the charter of one Zone does not directly apply to other Zones.
Similarly, Zonelets (equivalent to a state in a federal country) and local areas within a Zone can also enact their own Commons’ Convention charter using the Zonal charter as the source of law.
Among these, the Zonelet is a governing body that constitutes a federal Zone similar to the current federal state, and has extensive autonomy, so it is natural for it to have its own charter. In contrast, the fact that local areas in a unitary Zone also have their own charters is a characteristic of communist societies where local autonomy is deepening.
Thus, Charter of the Commons’ Convention has a unified legal structure that includes the Charters of Zones and Zonelets and local areas, while having the World Charter as the ultimate source of law, and is applied in an organic and interrelated manner, so that the formal distinction between domestic law, which is delimited in its application by national borders, and international law, which applies across borders, is not simply valid.
👉The papers published on this blog are meant to expand upon my On Communism.
