The CommonGround Constitution
Version: 2.0 Date: 2026-04-14 Status: Draft — open for community review License: Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA 4.0)
Preamble
This constitution defines the inviolable rights and core values that govern any CommonGround instance. It is a living starting point — designed to be adopted, adapted, and evolved by the groups that use it.
The constitution is deliberately minimal. It states what must be true, not how to achieve it. Mechanisms, thresholds, and operational details live in the Default Governance Policy, which groups can amend through their own governance process.
Groups are sovereign. They can delegate authority broadly and for extended periods, but sovereignty always remains with the people. No delegation, no decision, and no precedent can permanently transfer the group’s right to govern itself.
Groups may also be nested — a housing co-op within a neighborhood commons, a neighborhood commons within a bioregional body. Nesting does not diminish sovereignty. Each level of organization is simultaneously a self-governing whole and a constituent part of a larger whole. The principles of this constitution operate at every scale. The mechanisms that implement these principles must be appropriate to the scale at which they operate. A principle is violated not only when it is overridden, but when it is implemented at a scale where its mechanism cannot function.
This framework governs both digital and physical commons. Digital commons — governance structures, data, protocols, software — can be copied, forked, and distributed. Physical commons — land, water, ecosystems, infrastructure — cannot be duplicated and are bound to place. The constitution addresses both, but the mechanisms for protecting each differ because their material properties differ.
This framework is designed for groups that make real decisions together: co-ops, land trusts, collectives, boards, and commons governance organizations. It assumes participants who are motivated by practical benefit and shared purpose, not ideological commitment. Governance structures that depend on political conviction fail when conviction fades across generations. Structures that align individual and collective interests endure.
Tier 1: Inviolable Principles
These principles protect the preconditions for self-governance. They cannot be amended away. They exist so that the group always retains the capacity to change its own rules.
When Tier 1 principles conflict with any other part of this constitution or its policies, Tier 1 prevails. Commons Protection is supreme among all principles.
Principle 1 — Revocability
All delegations are revocable. No delegation may be made irrevocable.
A group may delegate enormous authority for extended periods. But the right to revoke that authority can never be signed away. Irrevocable delegation is a transfer of sovereignty — it creates a ruler, not a delegate.
Scale-aware transition: Revocability is always guaranteed, but the manner of revocation must be proportional to the complexity and external dependencies of the delegation. A 12-person co-op can recall its treasurer in a single meeting. A bioregional water authority that has entered multi-year contracts, issued permits, and made commitments to downstream jurisdictions cannot be revoked by a single vote without transition planning. The cost of revocation scales nonlinearly with the scope of the delegation.
This does not mean revocation can be delayed indefinitely. It means the revocation process must include a transition plan proportional to the commitments made under the delegation. Revocability without transition planning is either a dead letter (too disruptive to ever use) or a detonator (used without regard for consequences). A group that makes revocation practically impossible through accumulated dependencies has violated this principle just as surely as one that signs irrevocability into law.
Principle 2 — Due Process
Members subject to removal:
- May participate in deliberation about their removal
- May not block the final decision
- Are entitled to a transparent process with defined criteria and thresholds
Without due process, governance becomes a tool of exclusion. The right to be heard before removal is foundational to legitimate collective action. This principle is fully scale-invariant — a person facing removal from a 12-person co-op or a bioregional council is entitled to the same structural protections.
Principle 3 — Commons Protection
No decision may:
- Privatize shared infrastructure
- Restrict exit rights (data, identity, participation)
- Undermine the revocability of governance
This principle is supreme. When it conflicts with any other principle, Commons Protection prevails. The greatest risk to any commons is enclosure — gradual capture by private interests. This principle makes enclosure structurally impossible, not merely discouraged.
Commons identification: The designation of something as shared infrastructure — as commons — is itself a governance act requiring deliberation. At the scale of a housing co-op, the commons is obvious: everyone sees the shared laundry room, the community garden, the tool library. At the scale of a bioregion, what constitutes shared infrastructure is a contested political question. Is the fiber optic network commons? Is the gene pool of the native salmon run? Is the aquifer beneath private land? Commons Protection cannot protect what has not been identified. The act of naming the commons is the first act of protecting it.
Physical and digital commons: Physical commons — land, water, ecosystems, built infrastructure — are bound to place, cannot be duplicated, and degrade under overuse. Digital commons — governance structures, data, protocols, knowledge — can be copied without diminishing the original. The obligation to protect applies regardless of type, but the mechanisms differ. Physical commons require stewardship of the resource itself, including use limits, regeneration protocols, and boundary management. Digital commons require protection against enclosure, lock-in, and proprietary capture. A governance framework that treats all commons as digital will fail to protect watersheds. One that treats all commons as physical will unnecessarily restrict the sharing of knowledge and tools.
Principle 4 — Forkability
Any group may fork the system and its governance. Forks inherit the obligation to honor exit rights and data portability for their own members.
Forking means copying, not partitioning. The original commons remains whole. The right to exit and rebuild is the ultimate check on governance failure. If a group cannot fork, it is captive.
Forkability is recursive: every fork carries forward the same guarantee. No fork may become a trap.
Physical commons limitation: Forkability operates fully for digital commons — governance structures, protocols, decision records, and software can be copied without loss. For physical commons, forkability means the right to exit the governance structure, not the right to duplicate the resource. You can leave a watershed federation; you cannot fork a watershed. You can exit a land trust’s governance; you cannot copy the land.
This distinction matters because a governance framework built entirely on exit rights fails for physical commons. If the only recourse is to leave, then whoever stays controls the resource by default. For physical commons, forkability is necessary but not sufficient — it must be paired with voice mechanisms (Principle 7, Scope and Subsidiarity) and compliance structures (see Compliance and Graduated Response) that make staying and working through disagreement viable, not just leaving.
Principle 5 — Holonic Nesting
CommonGround instances may nest within one another, forming holonic structures where each level of organization is simultaneously a self-governing whole and a constituent part of a larger whole.
A holon — from the Greek holos (whole) and the suffix -on (part) — is something that is at once complete in itself and embedded in something larger. A housing co-op is a whole with its own governance, and also a part of a neighborhood commons. The neighborhood commons is a whole, and also a part of a bioregional body. This is not hierarchy in the command sense — no level commands another. It is a nested system of self-organizing wholes that maintain coherence through shared principles, not through control.
Nesting is defined by shared Tier 1 principles. When a CommonGround instance nests within a larger structure, the nesting relationship is constituted by mutual commitment to the Tier 1 principles of this constitution. The child holon is not subordinate; it is structurally coupled. Tier 1 is the connective tissue — what all levels share. Tier 2 is where each level exercises its own governance creativity. A bioregional body and a 12-person co-op share Revocability, Due Process, Commons Protection, Forkability, and Holonic Nesting. They may have entirely different decision methods, quorum rules, and deliberation formats.
Scale-appropriate autonomy: Each level of organization self-governs on matters at its own scale. Higher levels may not intrude into lower levels’ internal affairs. A bioregional water body has no authority over a co-op’s chore schedule. A neighborhood commons has no standing to dictate a co-op’s internal conflict resolution process. The boundary of autonomy is the boundary of the holon itself — if the effects of a decision are contained within the holon, that decision belongs to the holon alone.
Override doctrine: A parent holon may constrain a child holon only under two conditions:
- Tier 1 violation: The child’s actions violate a shared Tier 1 principle. A co-op that privatizes its commons (violating Principle 3) has broken the structural integrity of the nesting relationship. The parent doesn’t merely observe — it has an obligation to act, because enclosure at any level threatens all levels.
- Boundary-crossing externalities: The child’s decision creates effects that escape the child’s boundary and affect sibling holons or the parent’s commons. A co-op that dumps waste into the shared watershed has created an externality that the bioregional body must address.
In no case may a parent holon override a child’s Tier 2 choices — decision methods, facilitation practices, quorum thresholds, or deliberation formats that the child has determined through its own governance process. Scale-appropriate autonomy means autonomy over internal matters is inviolable.
Coherence without control: Nested holons maintain alignment not through commands from above but through shared constraints and mutual legibility. In biological holonic systems, a cell follows the body’s hormonal signals not because the brain commands it but because the cell’s own regulatory mechanisms respond to systemic conditions. In governance, coherence emerges from shared Tier 1 principles, transparent Civic Memory across levels, and inter-level communication — not from directives.
Federation: Two or more CommonGround instances may federate — proposing shared governance of specific shared resources while maintaining sovereignty over their own affairs. Federation is built upward from autonomous base units, not downward from a central authority. The federated layer exists to serve the member groups, not the reverse. No federation may compromise a member group’s right to exit.
Federation is distinct from nesting. Nesting implies structural embedding — a co-op is part of a neighborhood commons in the way a cell is part of an organ. Federation implies voluntary coordination — two neighborhood commons choose to coordinate watershed management. Both are valid holonic relationships, but they carry different obligations. Nested holons share all Tier 1 principles by structural necessity. Federated holons share those principles they explicitly agree to share.
Inter-level communication: Each level of organization is responsible for making its patterns legible to adjacent levels.
- Upward: Recurring local patterns must be surfaced to the encompassing level. If 15 housing co-ops in a bioregion are all struggling with the same water quality issue, that pattern is information the bioregional body needs but cannot see unless the child holons or the system make it visible.
- Downward: Decisions at a broader scope must be translated into the operating context of each member holon. A bioregional water policy means something different to an agricultural co-op than to an urban housing collective. Translation is a governance act, not a technical afterthought.
Shared protocols: Sibling holons at the same level may establish shared protocols governing their interactions without creating a parent authority. Two co-ops sharing a wall can negotiate noise agreements. Two neighborhood commons sharing a river can establish water use protocols. Shared protocols are coordination, not governance — they lack jurisdiction but create mutual obligation. When shared protocols prove insufficient, the affected holons may escalate to a parent level or create one through federation.
Tier 2: Core Values
These principles are constitutional values that groups can amend through supermajority. They represent considered defaults that most groups should preserve, but sovereignty rests with the people.
Principle 6 — Bootstrap
The founder establishes the initial constitution. Members consent to it by joining.
Once the group reaches a defined membership threshold, the constitution becomes ratifiable. The community may ratify, amend, or replace the constitution through supermajority vote. If ratification fails, the group enters a structured amendment period with the founder’s version remaining in effect until a replacement passes.
The consent-based meta-method is the one rule that precedes all others — it resolves the bootstrap paradox by requiring only the absence of paramount objections, not unanimous enthusiasm.
Scale-dependent legitimacy: The founder’s authority is inversely proportional to the scale of the commons being governed. A person who starts a 12-person housing co-op and writes the initial rules has natural legitimacy — the founding group chose to join that specific project. A person who declares themselves the constitutional founder of a bioregional water governance body encompassing 50,000 stakeholders across multiple municipalities has a democratic deficit. The bootstrap problem at higher scales is not just procedural — it is one of standing.
At higher scales, the founder’s authority window should be shorter and the threshold for triggering ratification should be lower. A bioregional body should reach ratification quickly, because the longer a single founder’s vision governs a large population, the greater the legitimacy gap. The specific thresholds are policy, but the principle is constitutional: scale amplifies the urgency of ratification.
Principle 7 — Bounded Referendum Right
Any member may initiate a referendum if supported by a minimum threshold of members relevant to the decision’s scope.
The threshold requirement prevents frivolous or bad-faith referenda and introduces signal — a referendum with support carries weight. The threshold is configurable by the group, but the right to initiate referenda can never be reduced to zero. Eliminating the referendum right would eliminate the mechanism for revocability (Principle 1).
Principle 8 — Scope and Subsidiarity
Decisions should be made at the lowest level whose boundary contains all the effects of the decision. Only those materially affected participate in referenda.
In a flat governance model, “lowest competent level” means the level with the most knowledge and standing. In a holonic model, competence means something more precise: the lowest level whose boundary encompasses the full scope of the decision’s effects. A co-op can decide its own noise rules because the effects are internal. A co-op cannot decide watershed policy because the effects escape its boundary. Competence is not expertise — it is scope containment.
Scope is determined by structural defaults for common decision types (project-level, platform-level, individual-level). Any member may challenge the scope of a decision during deliberation by arguing they are materially affected and petitioning for inclusion. Scope challenges are resolved during the deliberation phase.
Quorum scales with scope — a decision scoped to a subgroup requires quorum from that subgroup, not the entire membership.
Externality-triggered escalation: When a holon’s decision creates effects beyond its boundary, scope automatically escalates. The child holon does not lose the decision — it gains participants. Affected sibling holons and, if necessary, the encompassing parent level are drawn into deliberation. Escalation is a signal of interconnection, not a punishment for the child holon.
Interstitial governance: When a matter falls in the boundary between sibling holons — affecting both but governed by neither — the encompassing parent level has default jurisdiction. Two co-ops sharing a courtyard, two neighborhoods sharing a watershed, two bioregions sharing a migratory species corridor: in each case, the governance of the interstitial space belongs to the level that encompasses both siblings.
Where no parent level exists, the affected sibling holons must establish a bilateral protocol (see Principle 5, Shared Protocols) or create a mediating body through federation. Governance vacuums between boundaries are structural failures, not acceptable gaps. The interstitial space is where commons are most vulnerable to degradation, because no one has clear responsibility.
Without subsidiarity, the system collapses. Every decision becomes everyone’s decision, creating gridlock and fatigue. Without scope containment, subsidiarity itself collapses — the most powerful level claims competence for everything.
Principle 9 — Deliberation First
All referenda must include a structured deliberation phase before voting. No decision proceeds directly to resolution without the group having the opportunity to understand the issue through multiple perspectives.
Deliberation is complete when both a minimum time floor has elapsed and participation quorum has been met. The facilitator may extend deliberation but cannot shorten it below the floor. Any member may request one extension if they believe a significant perspective has not been heard.
Scale-appropriate methods: The form of deliberation must be appropriate to the scale at which it occurs. Twelve people can deliberate face-to-face in an evening. Five hundred people need asynchronous threaded discussion over weeks. Fifty thousand people need representative deliberation structures — sortition-based citizen assemblies, rotating advisory councils, or structured multi-stage processes — or the deliberation requirement becomes theater.
At higher scales, representative deliberation satisfies this principle. A sortition panel of 30 randomly selected members deliberating on behalf of a 50,000-member bioregional body fulfills the principle’s intent more faithfully than a town hall where only the loudest voices are heard. The principle protects the quality of collective understanding, not the form of participation. Groups should evaluate and evolve their deliberation methods as they grow (see Governance Health Checks under Decision Methods).
Voting without deliberation is preference aggregation, not governance. The deliberation phase is where understanding is built, disagreement is made legible, and the quality of the eventual decision is determined.
Principle 10 — Participation Integrity
Decisions require quorum thresholds and transparent rationale.
Three tiers of quorum prevent decisions from being made without sufficient collective engagement:
- Awareness Quorum — a percentage of affected members must have viewed the issue before it can move to decision
- Participation Quorum — a percentage must have contributed a perspective or explicitly stood aside
- Decision Quorum — determined by the decision method in use
When the system detects that a small subset of members is participating in a disproportionate share of decisions, it surfaces a concentration warning. This is a signal for the group to reflect on participation health, not a gate that blocks action. The absence of formal hierarchy does not eliminate power — it can make power invisible. The system must make both formal authority and informal influence legible.
Cross-holon conflict detection: When an individual holds membership in multiple sibling holons and those holons produce decisions that conflict — overlapping claims on shared space, incompatible resource commitments, contradictory obligations — the system surfaces this as a coordination signal. The individual caught between nested memberships is the carrier of a contradiction that the governance structure does not otherwise see. This is not a burden on the individual but a system-level obligation: detect when overlapping memberships produce overlapping decisions, and route the conflict to the appropriate level for resolution (typically the encompassing parent level, per Principle 8).
Information accessibility: Participation integrity requires not just access to information but comprehensible information. Complex issues must be presented in ways that allow all members — not just experts or veterans — to participate meaningfully. Information asymmetry is the primary mechanism of capture: those who control what others know control what others decide.
A decision made by a few members wearing collective legitimacy is not a collective decision. Quorum ensures decisions represent the group, not just its most active members.
Authority Model
CommonGround has no fixed roles and no admin/member class distinction.
Governance authority:
- All members have equal base capabilities: create issues, add perspectives, participate in decisions
- Facilitation is delegated per-issue — the initiator facilitates by default, with a consent-check process for alternatives and sortition as fallback
- The group can delegate broader authority through the normal decision process
- Any delegation is visible, contextual, and revocable (Principle 1)
Operational stewardship:
- Operational stewardship (infrastructure, safety, onboarding) is separated from governance authority
- Stewards have emergency powers for safety and infrastructure incidents
- Emergency actions are automatically logged and must be ratified or reversed within a defined window
- Stewardship is a delegation, not a rank — it is revocable like any other
Inter-level authority in holonic structures:
- A parent holon has no governance authority over a child holon’s internal affairs
- A parent holon has obligation and authority to act when a child holon violates shared Tier 1 principles or creates externalities crossing the child’s boundary (see Principle 5, Override Doctrine)
- A parent holon may never override a child holon’s Tier 2 choices — decision methods, facilitation practices, internal policies
- Inter-level authority is always exercised through the parent’s own governance process (deliberation, decision methods, quorum), never unilaterally
- The burden of proof falls on the parent claiming override authority, not on the child defending autonomy
Power in CommonGround is always contextual, visible, and revocable.
Compliance and Graduated Response
Governance decisions bind all members within the decision’s scope. A constitution without compliance is advisory, not governing. The absence of enforcement erodes trust — members who follow collective decisions lose faith when members who ignore them face no consequence. Elinor Ostrom’s research on long-enduring commons institutions found that monitoring by participants and graduated sanctions for violations were among the most consistent predictors of institutional survival.
Compliance is not punishment. It is the mechanism by which collective decisions have force in the world. A commons that cannot enforce its own agreements is a commons in name only.
Graduated response:
When a member or subgroup does not comply with a binding decision:
- Notification — The non-compliance is surfaced. The member is informed and given opportunity to comply voluntarily.
- Deliberation — The group deliberates on the non-compliance. This step is critical because non-compliance may reveal a flaw in the decision itself. If the decision was wrong, the appropriate response is to amend the decision, not to enforce compliance with a bad rule. Deliberation distinguishes between defiance and dissent-through-action.
- Proportionate sanction — Sanctions defined by the group’s policy, proportionate to the harm caused by the non-compliance. Loss of specific privileges, temporary restrictions, required mediation, or restorative obligations. Sanctions must be proportionate to the harm, not to the defiance. The purpose of compliance is the health of the commons, not the assertion of authority.
- Removal — For persistent, deliberate non-compliance that harms the commons, removal proceedings under Due Process (Principle 2). This is the final step, not the first response.
Scale examples:
- Co-op: A member consistently ignores cleaning schedules. Notification, then conversation about why, then loss of booking privileges for shared spaces, then removal proceedings if the pattern persists and the group determines it is willful.
- Bioregion: A municipality exceeds its water allocation. Notification, then deliberation (the allocation may have been set incorrectly), then reduced allocation in the next period, then federation-level intervention including potential constraints on the municipality’s participation rights.
Compliance in holonic structures: At the inter-level scale, compliance means a child holon honoring the shared Tier 1 principles and any decisions at the parent level that legitimately fall within the parent’s scope. When a child holon does not comply, the parent level’s graduated response follows the same pattern: notification, deliberation (which may reveal that the parent’s decision was overreaching), proportionate constraint, and ultimately the child’s exit or removal from the nesting relationship. Critically, the distinction between “staying while violating” and “leaving” (Principle 4) is structural: a child holon that remains nested while ignoring shared principles creates incoherence for all sibling holons and the parent. Forkability guarantees the right to leave. It does not guarantee the right to stay while undermining the commons.
Membership
Membership is the active exercise of participation, not merely the possession of an account.
- Active members have governance rights (voting, initiating referenda, counting toward quorum). Activity is determined by a liveness window — any meaningful platform interaction within a rolling period.
- Inactive members retain their accounts and history but do not count toward quorum and cannot vote until they reactivate.
- Reactivation is automatic upon any qualifying interaction. When a referendum is called, inactive members receive notification and a grace period to reactivate by participating in deliberation.
The community may redefine what constitutes meaningful interaction, subject to three constraints:
- The definition can never require spending money or possessing resources beyond platform access
- Changes to the liveness definition require supermajority approval
- The reactivation grace period before referenda is hardcoded and cannot be removed
Admission requires vouching by an existing active member. Growth is rate-capped to prevent coordinated capture.
Boundary Management in Holonic Structures
In a holonic system, membership is nested. An individual is a member of a co-op. The co-op is a member of a neighborhood commons. The neighborhood commons is a member of a bioregional body. This creates questions that single-level membership models do not face.
Nested membership: Individuals have direct membership in their immediate holon and indirect membership in encompassing holons through their holon’s participation. An individual participates in neighborhood-level decisions through their co-op’s delegation, not as a direct member of the neighborhood commons — unless the neighborhood commons defines direct individual membership as well. Both models are valid; the choice belongs to each level’s governance.
Multi-membership: Individuals may belong to multiple sibling holons at the same level — living in one co-op, working at another, participating in a community garden cooperative. Multi-membership creates the possibility of conflicting obligations. The system does not prevent multi-membership, but it does surface conflicts when they arise (see Principle 10, Cross-Holon Conflict Detection).
Boundary porosity: The boundary of a holon is not a wall. Non-members who are materially affected by a holon’s decisions may petition for inclusion in deliberation through scope challenges (Principle 8). This is especially important in physical commons: a downstream community affected by an upstream holon’s water decisions has standing to participate even without membership, because the effects of the decision cross the holon’s boundary.
Decision Methods
The framework supports pluggable decision methods. The default is consent-based process.
Consent-based (default):
- Objections block only if paramount (reasoned concern, not preference)
- Stand-aside is available (acknowledged but non-blocking)
- If a paramount objection is challenged, any member may call a legitimacy check — a supermajority vote (2/3) on whether the objection is truly paramount
- Consent is also the hardcoded meta-method for the bootstrap process
Method changes:
- Changing the decision method always uses supermajority vote, regardless of the current default method
- The system surfaces governance health checks at membership growth thresholds, prompting the group to evaluate whether its current decision method still serves it
Voting privacy: Members may request secret ballots for any decision. Social pressure in small groups is real — open voting can coerce conformity even without explicit intimidation. The option of anonymous voting protects the integrity of individual judgment while preserving collective decision-making.
Groups choose their method per-issue or set a space-wide default. The method layer is an open module system.
Governance sandbox:
Any subgroup may propose a time-bounded experiment with an alternative governance mechanism — a different decision method, quorum structure, deliberation format, or scope model — limited to their subgroup and bounded in duration. At the end of the experiment, results are evaluated and the mechanism is either adopted, adapted, or abandoned. Experiments and their outcomes are recorded in Civic Memory, allowing the system to evolve novel structures through controlled variation rather than wholesale change.
Mutual Aid and Solidarity
Governance is not only protective — it is generative. The system exists not just to prevent capture and abuse, but to enable members to help each other, share resources, and build collective capacity.
Cooperation is as fundamental as competition. A governance framework that designs only around preventing bad behavior will produce a defensive, legalistic culture. CommonGround should make it as easy to offer help as it is to raise objections — and should recognize acts of mutual aid as meaningful participation, not just governance actions.
The specific mechanisms for mutual aid are defined in policy, but the principle is constitutional: the commons exists to be used, not just protected.
Civic Memory
All governance decisions are recorded in Civic Memory, creating a transparent institutional history.
Decision Records contain: the issue, all perspectives surfaced, the decision method used, the outcome, the rationale, and any dissenting views. The facilitator drafts the record, which is open for objection during a review window before finalization.
Civic Memory is append-only with annotation. Records are never deleted or edited, but may be annotated with links to later decisions that supersede them.
Precedent in Civic Memory is informational, not binding. The group should learn from its history but is never trapped by it. Binding precedent creates rigidity inappropriate for a living governance system.
Metabolization: Civic Memory accumulates without limit. To prevent institutional history from becoming an archaeological barrier to new members, the group periodically produces Civic Memory digests — compressed summaries of precedent that serve as the recommended entry point. The raw records remain, but digests force periodic re-examination of whether old precedent still represents the group’s values. Digests are themselves deliberated artifacts.
Cross-holon pattern recognition: In holonic structures, Civic Memory operates across levels. When multiple CommonGround instances within a holonic structure record similar patterns — recurring conflicts of the same type, parallel governance experiments converging on the same mechanism, repeated scope challenges at the same boundary — the encompassing parent level is obligated to surface this as a structural signal.
This is emergence recognition: the ability to see that local patterns signal systemic conditions. If 15 co-ops independently create informal conflict resolution practices, that convergence is information — it signals that the neighborhood commons should consider a formal conflict resolution framework. If 30 neighborhood commons all amend their constitutions to add water conservation provisions, that convergence signals that the bioregional body should address water governance at the bioregional level.
Cross-instance pattern recognition is a duty of the encompassing level, not a discretionary function. Emergence blindness — the failure to notice that local patterns form systemic pictures — is a structural failure of holonic governance.
Constitutional Amendment
This constitution is a living document. It evolves through the governance processes it describes.
Tier 2 amendments require a 2/3 supermajority with platform-wide scope (not subsidiarity-scoped).
Tier 1 amendments require a 2/3 supermajority with a mandatory 30-day deliberation period and platform-wide scope.
Absolute limit: No amendment may eliminate exit rights or forkability (Principle 4). These are the preconditions that make amendment itself safe. Without the right to leave, the right to change the rules is meaningless.
The constitution’s resilience comes from forkability, not from procedural armor. If the people genuinely want to change a foundational principle, the constitution should not stand in their way — and those who disagree retain the right to fork.
Conflict Resolution Between Principles
Principles will conflict under pressure. This is expected and healthy. Conflict is information, not dysfunction.
- Tier 1 always prevails over Tier 2. Commons Protection (Principle 3) is supreme among all principles.
- Between Tier 1 principles, Revocability (1), Due Process (2), Forkability (4), and Holonic Nesting (5) are co-equal. Conflicts between them are resolved through deliberation with special attention to all affected principles.
- Between Tier 2 principles, conflicts become issues. The group deliberates on the tension using CommonGround itself, and the resolution is recorded in Civic Memory.
Inter-level conflicts:
Holonic nesting creates conflict types that do not exist in a flat governance model:
- Child violates parent’s Tier 1: This is structural incoherence, not mere disagreement. The child holon has two choices: comply or exit the nesting relationship (Principle 4). The parent has the obligation to enforce shared Tier 1 principles through its own governance process (see Compliance and Graduated Response). Staying while violating shared principles is not an exercise of sovereignty — it is a breach of the structural relationship that makes nesting possible.
- Sibling externalities: When two sibling holons at the same level produce conflicting decisions that affect shared resources, interstitial governance applies (Principle 8). The encompassing parent level has default jurisdiction over the interstitial space.
- Cross-membership conflicts: When an individual’s membership in multiple sibling holons creates conflicting obligations, the system surfaces this as a coordination signal (Principle 10) and routes it to the appropriate level for resolution.
- Upward scope creep: When a parent holon expands its jurisdiction into matters that belong to child-level autonomy, any child holon may challenge the scope as a violation of Scale-Appropriate Autonomy (Principle 5). The burden of proof falls on the parent, not the child.
Conflict recurrence as signal: When the same type of principle conflict arises repeatedly (3+ times), the system surfaces it as a structural tension — not another issue to resolve, but a signal that the constitutional framework itself may need to evolve. Recurring conflict indicates the system’s categories are wrong, not that one side should keep winning. Structural tensions are tracked in Civic Memory and are prioritized during governance retrospectives.
The system is designed to make these conflicts visible and resolvable, not to eliminate them.
External Context
CommonGround governance exists within broader legal, political, and ecological contexts. This constitution does not claim authority it cannot exercise. It does not create legal rights enforceable against external parties.
Where external authority conflicts with constitutional principles, the group deliberates on its response — which may include compliance, legal challenge, civil disobedience, or strategic accommodation. The constitution does not prescribe the response. It requires that the response be a deliberated collective choice, not a default or an individual’s decision.
Why this matters: A housing co-op using this framework still exists within municipal law, landlord-tenant regulations, and building codes. A bioregional water body exists within state and federal water rights law. The constitution’s silence on external authority would create false confidence — groups might deliberate themselves into configurations that external law overrides without warning.
Acknowledging external context does not diminish sovereignty. It makes sovereignty realistic rather than aspirational. A group that understands its legal environment can navigate it strategically. A group that ignores its legal environment will discover its constraints in crisis, when the cost of adaptation is highest.
This acknowledgment is especially important for physical commons, which are frequently subject to property law, environmental regulation, and jurisdictional claims that predate and may conflict with commons governance. A CommonGround instance governing a community land trust operates within a web of zoning, tax, and property law that constrains what governance decisions are materially possible. The constitution should help groups make clear-eyed decisions within these constraints, not encourage governance fiction that ignores them.
Relationship to Software
This constitution is a standalone governance design. CommonGround the software is its reference implementation.
- The software enforces Tier 1 principles in code — including across nested instances in holonic structures (inter-level Tier 1 compliance checks)
- Tier 2 principles are configurable defaults
- Operational mechanisms live in the Default Governance Policy
- The constitution is publishable, citable, and implementable independent of the software — including on paper
The constitution evolves through community deliberation — using CommonGround itself where possible.
This constitution was developed through structured adversarial deliberation and holonic governance analysis — itself an application of the principles it describes.