Chartering Government Bureaucracy

Creating workable constitutions is, as it turns out, a rather tricky business.  For my American Economic History class we were tasked with recommending two changes to the Bulgarian Constitution based on our lessons from the American experience.  (Our professor was an economic adviser to Bulgaria during their transition from Communism.)

When thinking about the assignment, I came up with a somewhat unorthodox idea: charter all government organizations through the National Assembly.  This gives the National Assembly more direct control over the bureaucracy and allows for the creation of provisions to bring a bureaucratic organization to an end.  Below is my proposed additional chapter for the document.  It’s not as polished as it could be, but the idea is there.

Maybe this idea would work, maybe not.  Either way, hopefully it demonstrates new ways in which we can think about the framework of our society.  Feel free to give me your comments.

Chapter: Bureaucratic Charters

Art. 1. Any government organization not created by this constitution shall be established by means of a charter granted by the National Assembly. This charter shall be created by the passage of a law in the National Assembly.

Art. 2. The charter granted by the National Assembly shall specify:

1. The name of the organization.
2. The purpose and goals of the organization.
3. The length of time for which the organization will exist.
4. The initial funds granted to the organization.
5. The powers granted to the organization.
6. An outline of the initial structure of the organization.
7. The reports required from the organization and how often they must be supplied.
8. Provisions for dissolving the organization.

Art. 3. (1) Every charter must state clearly and concisely the purpose of the organization, including the appropriate function of government which the organization is fulfilling.

(2) Every charter must also explicitly define the goals of the organization. Goals may either be defined on a repeating basis, to be accomplished once during a set period of time, or as final goals after which the organization will be dissolved.

(3) The organization is required to pursue only those activities which fall within the scope of its goals.

(4) Goals may not be changed without amending the charter per Art. 6.

Art. 4. (1) Every charter must include a length of time for which the organization will exist. An organization may be defined as existing indefinitely only if its goals occur on a repeating basis (see Art. 3 para 2). An organization must exist for at least two years.

(2) Every charter must also include a time period for the reevaluation of the charter. This period shall be no less than one year and no greater than ten. At the end of this time the charter shall come back before the National Assembly for review. The National Assembly may renew, modify, or revoke the charter at this time. The National Assembly may also call any organization’s charter in for reevaluation at any time.

Art 5. Once an organization has been granted a charter, the National Assembly may not interfere in the operation of the organization without amending the charter (see Art 6.) unless the original charter specifies otherwise.

Art 6. (1) The National Assembly may amend or revoke an organization’s charter at any time. To amend or revoke a charter shall require a two-thirds majority in the National Assembly.

(2) Before amending or revoking any organization’s charter, the National Assembly must allow a representative of the organization to address the entire National Assembly.

(3) Before revoking any organization’s charter, The National Assembly must establish a committee to review the charter. The National Assembly may also establish a similar committee before amending the charter. The committee must contain representatives from the organization and independent advisors. These advisors shall be recognized experts in the organization’s area of operation and shall never have been in the employ of the organization.

(4) If an organization’s charter is revoked, the organization is dissolved.

Art 7. Every charter must contain provisions for dissolving the organization. An organization is dissolved when its charter expires or is revoked. A charter may also require the dissolution of an organization when its goals have been accomplished.

Art 8. No charter shall be granted which violates the rights granted to citizens in this constitution or which violates the authority given to the governing institutions defined in this constitution.