The Will of the People
In terms of judging the will of the people, a poll is a definite hardcopy of just that. I spent a lot of time writing in DG1 trying to get the Poll Guidelines up and running. Problem was people just looked at it and said, "Yeah, whatever..." Eklektikos took up the torch, but it soon died out to when it was found out that people would have to actually think to devise new guidelines and regulations, or even determine which were which. Then FortyJ tried to pick up the torch again in DG2, but again it was to difficult to get the population motivated. We had a rivival of Eklektikos' citizens group for the Polling Standards Commision this DG3. We all know the results of that. The Poll issue could and should have been taken care of a year ago here in the Demogame forums, but it wasn't, and it probably never will be. So let's move beyond that.
You've brought up the question of what is a legal instruction. I have spoken about this often, I'm sure you know my feelings on the issue. You can alter the question to - "Does the will of the people factor into a legal Instruction?" Well, of course it does. But that's not the same as the basic mechanics of the original question. So by adhering to the all important rule that a Leader must adhere to the "Will of the People", you can put one and one together and come up with two. If Leaders post the legal Instructions, they are doing so within the confines of the will of the people. But the question that that seems to pop up in a lot of discussions is similar to the one Ravensfire just brought up.
"The first issue is if a leader does not seek the will of the people, the second is if the people do not express their will."
This entire question was addressed and covered completely in the Constitution for the first Demogame and brought over to DG2. Simply stated, the Leader would actively determine the will of the people by discussion and polls. If the people,s opinion came to a tie, the Leader could break that tie with their own vote. If, on the other hand, the people gave no opinion, then it was up to the Leader to determine the best course of action for the people. If the Leader didn't follow the will of the people, then the Leader was at fault. I don't see the problem here. This has all been done before.
Wait a minute I can see a problem. Over the last twenty months, or so, enough people have whined about this or that causing so many changes in the rules that no one really knew at any given time just what the rules were. I even saw Shaitan buffalo his way through a couple of problems that I didn't want to interject on. Because of the whining and complaints (mostly by new comers) the rules and regulations became so massive, that the whining started to be about those, not the problems they solved. It wasn't that the rules were wrong really, it was that they were restricting the whiners in a way they didn't want to be restricted. You people nailed your own coffins shut by doing this.
I'm not saying improving the Constution is a bad thing. I welcome the right changes.
But some of the things you are addressing now would not be a problem if the original intent had not been changed. I can see improving or expanding the original intent, yes. But to me, it seems we have thrown that away in hopes of justifying our own wants.