The Judiciary cannot make up any laws, just review the constitutionality of those laws (as any supreme court should be able to do and which has never been done in NS history).
Actually, it has been done. In Equilism.
But I'd assume there are other regions who've tried it as well.
A few suggestions for that rough draft:
1) Use numbers. Large paragraphs listing duties are hard to read and impossible to reference.
2) I still don't understand this Guardians thing. Just chunk it in with the powers of the RA.
3) Why should the Delegate get to select new Justices to the Court every term? Why not have them be appointed as life positions and only vacancies filled as you suggest? (again, a la Equilism... and the U.S.)
Typo:
All executive authority shall be in position the Delegate.
Well, under the right conditions, even Equalism has its good points.
But you bring up a number of good points:
Points:
1.) If you make those duties simpled and defined, the legislation takes care of the rest. Restricting various branches of the government to a handful of very specific duties relevant to that branch's purpose and nothing else prevents the infringement and overlapping of the different branches. It also provides for specialization of functions and allows each branch the opportunity to stop other branches from horning in on governmental functions that they have no authority or business being in. In a nutshell, as an example, it prevents the judicial branch from legislating and executing; prevents the legislative branch from executing and administering legal judgments except in specific instances; and prevents the executive branch from being judge, jury and executioner in all instances.
2.) The guardians are a dedicated and voluntary group of people with UN Nations who stay in the region to either endorse or unendorse the Delegate as conditions require. In an over-simplified format, if you have a Delegate with 300 endos and require a vice delegate to have at least 250 endos or about 75% of the delegate's endorsements, you can use 50 RA members with UN nations (and it might be a good idea to require UN Membership for RA members), you can reasonably remove a rogue delegate in a couple of days through endorsement/unendorsement campaigns. It would have the effect of requiring the Delegate to act accordingly and within the Delegate's powers only or get the boot.
Ironically, in order for the Guardians to act as one, the Delegate has to do something very pissy that would warrant removal and thus avoiding coups. Essentially, the idea is to retain a group of UN nations in a quantity that matters to always remain in the region to support or not support a delegate as needs be. This will eventually develop into a large number of active nations who have sufficient influence levels so as to prevent any upsetting of the balance of power.
3.) The Delegate cannot select new justices every term under my version of a Constitution. The Delegate can nominate a justice if a position opens up (should a justice go inactive, resign or be removed for criminal offenses) but otherwise, one a justice is appointed, the justice is there until he resigns, goes in active or otherwise abandons his post. That way you have a group of justices who do not depend upon anyone for sustaining their positions - hence, you have an independent judiciary who doesn't have to kiss-ass to stay where they are. Sort of like the US Supreme court. It allows for judicial change but limits radical change in violation of the Constitution.
Additional points:
There is no problem with all executive authority being vested in the Delegate, as long as the Delegate sticks to and only to executing the laws and Constitution within the confines of 'reserved rights'. Essentially, the Delegate is charged with executing the laws and the Constitution and cannot suddenly come along and say, "The Constitution doesn't say I can do it so I can therefore do it". The Delegate can only do what the Delegate is delegated to to and nothing more.
Constitutions should restrict governments and leave the people to be otherwise totally free to do whatever they want to do excluding the authority delegated to the government. And under such a 'social contract', governments exist at the consent of the governed and if a government becomes destructive the people have the right to alter or abolish it and establish a more suitable government in compliance with liberal and democratic ideals set forth in the TNP Bill of Rights.