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Separation of Powers

Separation of the powers

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 the Counsel for Health and wellbeing (the Mayor) and the Counsel for the Treasury (the Treasurer) jointly Chair Community Council meetings. The Chair is rotated every month between these two Counsellors.

  • Similarly, in the Regional Assemblies, the Chair is rotated each month between the appointed Governor and the Counsel for the Treasury (the Treasurer).

  • Similarly, in the Supreme Council, the chair is rotated each month between the Counsel for Health and Wellbeing (the Prime Minister) and the Counsel for The Treasury (the Treasurer).

 

  • Governors of Regional Assemblies (that are appointed by the Supreme Council) have no voting rights at their respective Regional Assembly. This is to preserve the independence of the Regional Assembly.

  • The Supreme Counsel for the National Assembly 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 State Ombudsman, Children's' Ombudsman and the Judicial Ombudsman.

  • All entities are accountable to the Independent Council against Corruption and for Due Process (ICCDP)

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 Colleges (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. Matters of a serious nature are referred to the ICCDP.

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. Matters of a serious nature are referred to the ICCDP.

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 Ombudsmen 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. All Ombudsmen are legally accountable to the Independent Council against Corruption and Due Process (ICCDP).

 


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 rule of law

  • Uphold the Civil rights and Human rights of all People on the Island

  • Uphold the sacred Hela values of Humanity, Wisdom and Self-sufficiency and uphold the sovereignty of the indigenous Hela Culture

  • Uphold the territorial integrity of Heladiva

 

The Judiciary is legally accountable to the Independent Council against Corruption and Due Process (ICCDP).