Chapter 3.1.

Chapter 3: System of Environmental Law

3.1. Positioning of Environmental Law

In the system of communist law, environmental law is second in importance only to the Charter of the Commons' Convention. Environmental law is the basis for laws and regulations aimed at maintaining an ecologically sustainable global environment.

The reason why environmental law is so important in communist law is that the ultimate significance of modern communism precisely lies in the preservation of the global environment. In other words, planned production activities and a democratic political system that truly takes into consideration the preservation of the global environment is the ideal form of communism for the modern age, and environmental law is the legal system that lies at the heart of communism.

The legal category of environmental law itself has already appeared in capitalist societies. However, environmental law there is usually treated as the law on which the government implements its environmental policies, and is classified as administrative law in the broad sense of the term. Therefore, its content is unstable and subject to change according to the administrative policies of the government from time to time.

Moreover, except in some environmentally advanced countries, environmental laws are not compiled into a unified code, but are merely a patchwork of multiple laws. This is because environmental laws in capitalism are merely supplemental laws enacted on a case-by-case policy basis to the extent that they do not unduly restrict the activities of capital.

In contrast, environmental law in communist law is a unified legal code that is formulated in each Zone in accordance with the global environmental law (treaty) at the World Commonwealth level as a unified source of law. Its position is not just a part of administrative law, but also constitutes a unique legal system in its own right: environmental law.

Communist environmental law is not a supplementary law, but a basic law that underlies and constrains all other general legal systems, and in that respect it is a part of the basic law, second only to the Charter. This is supported by the fact that maintaining a sustainable global environment is not just a policy, but also a pillar of universal human rights in the Charter of the World Commonwealth.

The fundamental legal source of these environmental laws is the Global Environmental Law mentioned earlier, but but the principle content included therein will be submitted to the next article. 

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

Chapter 2.6.

Chapter 2: Charter of the Commons' Convention

2.6. Interpretation and application of the Charter

The Charter of the Commons' Convention is the supreme law which, as a single statute, is scheduled for judicial execution. In this respect, there is some overlap with national constitutions, but this differs from national constitutions, which tend to be passive in their judicial enforcement, whether through a special trial system such as the Constitutional Court or through case-by-case application by the judicial courts.

The judicial enforcement system of the Charter of the Commons' Convention is first constructed on the basis of the level of each Zone. In other words, the Charter Committee, one of the standing committees in the Commons' Convention, also functions as a judicial body for the Charter. In this respect, it is similar to the Constitutional Court, which specializes in constitutional litigation, but the ordinary judiciary may also apply the Charter in specific cases.

The Charter Committee also serves as routine charter inspectors, as it can hear and rule on whether the activities of public bodies violate the Charter upon the filing of a complaint by a delegate to the Commons' Convention.

If a citizen wishes to complain of a violation of the Charter, he or she must first appeal to the the Charter Committee at the Zonal level, and if that does not bring about the desired resolution, he or she may appeal to the judicial organs of the World Commonwealth. 

There are two main lines of judicial organs at the level of the World Commonwealth: the Charter Council, which is a body that reviews constitutional violations, and the Board of Human Rights Review and Enforcement, which specializes in human rights remedies.

The Charter Council has the final authority to hear and decide whether the laws and regulations of the Zone are in violation of the Charter of the World Communities. the Board of Human Rights Review and Enforcement, on the other hand, has the final authority to hear and decide whether specific acts of human rights violations against individuals or groups violate the Charter.

In either case, a requirement for filing a lawsuit is that all judicial means within the Zone have been exhausted, so that an appeal to a judicial body at the level of the World Community is positioned as the final and last resort as a judicial enforcement regime of the Charter of the Commons' Convention.

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