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Blue Mars - Kim Stanley Robinson [75]

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courts, and left to the towns most legislative duties. The judicial branch was more powerful; it included not only criminal courts, but also a kind of double supreme court, one half a constitutional court, and the other half an environmental court, with members to both appointed, elected, and drawn by lottery. The environmental court would rule on disputes concerning terraforming and other environmental changes, while the constitutional court would rule on the constitutionality of all other issues, including challenged town laws. One arm of the environmental court would be a land commission, charged with overseeing the stewardship of the land, which was to belong to all Martians together, in keeping with point three of the Dorsa Brevia agreement; there would not be private property as such, but there would be various tenure rights established in leasing contracts, and the land commission was to work these matters out. A corresponding economic commission would function under the constitutional court, and would be partly composed of representatives from guild cooperatives which would be established for the various professions and industries. This commission was to oversee the establishment of a version of the underground’s eco-economics, including both not-for-profit enterprises concentrating on the public sphere, and taxed for-profit enterprises which had legal size limits, and were by law employee-owned.

This expansion of the judiciary satisfied what desire they had for a strong global government, without giving an executive body much power; it was also a response to the heroic role played by Earth’s World Court in the previous century, when almost every other Terran institution had been bought or otherwise collapsed under metanational pressures; only the World Court had held firm, issuing ruling after ruling on behalf of the disenfranchised and the land, in a mostly ignored rearguard and indeed symbolic action against the metanats’ depredations; a moral force, which if it had had more teeth, might have done more good. But from the Martian underground they had seen the battle fought, and now they remembered.

Thus the Martian global government. The constitution then also included a long list of human rights, including social rights; guidelines for the land commission and the economics commission; an Australian ballot election system for the elective offices; a system for amendments; and so on. Lastly, to the main text of the constitution they appended the huge collection of materials that had accumulated in the process, calling it Working Notes and Commentary. This was to be used to help the courts interpret the main document, and included everything the delegations had said at the table of tables, or written on the warehouse screens, or received in the mail.

• • •

So most of the sticky issues had been resolved, or at least swept under the rug; the biggest outstanding dispute was the Red objection. Art went into action here, orchestrating several late concessions to the Reds, including many early appointments to the environmental courts; these concessions were later termed the “Grand Gesture.” In return Irishka, speaking for all the Reds still involved in the political process, agreed that the cable would stay, that UNTA would have a presence in Sheffield, that Terrans would still be able to immigrate, subject to restrictions; and lastly, that terraforming would continue, in slow nondisruptive forms, until the atmospheric pressure at six kilometers above the datum was 350 millibars, this figure to be reviewed every five years. And so the Red impasse was broken, or at least finessed.

Coyote shook his head at the way things had developed. “After every revolution there is an interregnum, in which communities run themselves and all is well, and then the new regime comes in and screws things up. I think what you should do now is go out to the tents and canyons, and ask them very humbly how they have been running things these past two months, and then throw this fancy constitution away and say, continue.”

“But that’s what

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