Since the Sancho Ponza testnet started yesterday I started a draft on a constitution myself just to see what I could come up with. I think ofcourse this is a project for many people to do together but interesting to see if there are some similarities or differences.
Version 0.0.0.1 - Authors : Eystein Magnus Hansen
Preamble
We the users of Cardano have within this document strived for computational constitutionalism.
The purpose of this type of constitution is to ensure the security, inclusiveness, decentralization and opennes of the Cardano protocol to the public.
Where possible this social contract will be encoded into the node software and we will strive to further the computational constitutionalism as technology advances.
Article I - Highest order law.
The constitution is the highest order of law in the Cardano ecosystem and has priority over any smart contract, and any bi-laws created from the constitution or otherwise.
Article II - Openness
The Cardano protocol itself will remain open to any user who wants to participate in the protocol by purchasing Lovelaces. Any changes to the protocol against this article will be consider unconstitutional.
Note that this does not limit any sidechains or otherwise from deviating from this openness requirement.
Article III - Duty of remaining a decentralized protocol.
The Cardano protocol will remain sufficent decentralized as per the state of the art knowledge of what decentralization entails, per the writing of this article the Edinburgh Decentralization Index. It will be the duty of the
Constititon comitte to interprit what is suffient decentralization based upon the values of security, inclusiveness, openness and decentralization. Note that this does not limit any sidechains or otherwise from deviating from the decentralizastion requirement.
Article IV - Inclusiveness
The Cardano protocol will remain inclusive to users who wish to adopt its usage. This includes making the Cardano Protocol a public good that remains open source and that anyone can modify or build upon without any form of commercial terms enforced upon them.
Article V - Duty of security of the Cardano protocol
The users of Cardano has a obligation to ensure the Cardano protocol is secure to use in the sense that it has sufficent encryption as well as sufficient protection against known attacks of the protocol such as the double spend attack or long range attack.
As technology progresses what is considered a secure protocol will change and it will be up to the constitutional committee in collabration with domain experts to fill this article with the current state of the art knowledge.
Article VI - Rights to create proposals
Any user of the Cardano protocol will have the ability and rights at the protocol level to be able to create a proposal, currently known as creating a governance action. The whole protocol relies upon this for its other values of openness and inclusiveness.
Article VII - Right to participate
Any owner of the Cardano protocol shall at the protocol level be able to participate in the protocol as a staking pool operator, a direct representative, or as a member of a membership based organization of the Cardano protocol.
All users shall at the protocol level be able to participate freely in transactions on the Cardano protocol.
Article IX - Right to exit
Any owners of the Cardano protocol shall have the right to voluntarily exit the Cardano protocol by ceasing actions and selling their share of the protocol in Lovelace. This includes situations such as a state of no-confidence in the constitution committee.
Article X - Right to vote
All owners of the Cardano protocol shall have the rights to delegate voting power in the protocol to a direct representative.
Article XI - Duty to participate in voting
Direct representatives and owners have a duty to participate in voting and this is encoded into the protocol by the fact that no user can withdraw rewards from staking without also being delegated to a direct representative. Note that the duty to participate
in Cardano protocol governance includes delegating to a protocol level direct representative such as abstain vote and no-confidence vote thus upholding the values of openness and inclusiveness in the constitution.
Article XII - Rights to Lovelaces
No owners of the protocol shall be taken away his rights to any owned Lovelaces exempt when the user(s) agree to do such. Burning of tokens as a volunterly act is considered users agreement to give away his rights to Lovelaces.
Article XIII - Users and owners of the Cardano protocol
All entities either human or otherwise owning a single Lovelace or more are considered owners of the Cardano protocol. All entities utilizing the protocol in any way such as transaction or reading information from the protocol are considered users of the protocol.
Article XIV - Priority of updating the constitution
Updates to the constitution shall have the highest order of priority of actions on the Cardano protocol when submitted and having reached the established tresholds for doing so. Enactment by the constitution committee on any new constitution rules will happen immediately in the
epoch the updates / new constitution was enacted. The constitution committee shall be given sufficient time to read and understand any new proposal but shall not vote or act on behalf of an old constitution when a new or updated constitution is in effect.
Article XV - Process of new constitutions
Any updates of the constitution has to be voted in by the Constitution Committee as well as the Direct Representatives. In a state of no confidence a new constitution committee has to be formed and state of no-confidence has to be ended before any updates to the constitution.
In the case where there is no bad faith in the constitution comitteee but the users express a vote of no confidence in the constitution itself the constitution shall draft a new proposal for a constitution together with a prosal for the constitution committee that can remain unchanged if the voters accept this.
Article XVI - Freedom of lovelace movement
At the protocol level there will be no built in cencorship of transactions and lovelaces shall have the freedom of movement. This does not stop users or owners of the Cardano protocol to build solutions on top of this if they agree to have other rules for theire usage of the protocol.
Article XVII - Sustainability
Treasury mangement of the protocol shall be sustainable, meaning that over time it shall replenish any Lovelaces held due to fees and/or inflation. The owners of the protocol are free to vote on usage as they see fit but with regards to the value of sustainability over time.
Article XVIII - Transparency
At the protocol level all Cardano transactions shall be transparent, indexable, searchable and freely available to any users of the protocol.