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| la garçâ malpadert | November 13, 2004 - 18:27 | |||
| RE: TOPIC TEN (and last!!!) : Rights and Freedoms(#847), posted by Justice dal Navâ, [IP Hidden], November 14, 2004 - 21:15. Viewed 320 times. |
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| Justice dal Navā Group: admins (5222 posts total) (last post: March 14, 2008 - 13:43) Citizen #2: Chris Gruber | > Azul: > > Here's the last draft topic to discuss. At this rate, in a couple of weeks time we will have a full draft constitution, which will be tinkered with by the Committee for internal consistency and then the Convention will be opened to the entire citizenry. > > === > From Chris's draft constitution: > TITLE I: BASIC FREEDOMS AND PROTECTIONS > CHAPTER I: EQUALITY AND RIGHTS > ART. 1. EQUALITY > 1) All persons are equal before the law. This is the right of individual value. > 2) No one may be prejudiced or favored due to sex, parentage, race, language, homeland or origin, faith, religious or political opinions, or sexual orientation. > ART. 2. OPEN FREEDOMS > 1) Everyone has the right to the free progress of his or her person insofar he or she does not violate the rights of others or violate any law within the Republic. > 2) Everyone has the right to life and to the sanctity of his or her person. The right of individual value is sacred. > > CHAPTER II: FREEDOM OF INDIVIDUAL VALUE > ART. 1. FREEDOM OF EXPRESSION > 1) Everyone has the right freely to express and to propagate his or her belief by speech, writing, and pictures and freely to inform him or herself from publicly available sources. > 2) Freedom of the press and of reporting by electronic communications is guaranteed. There shall be no censorship. Secrecy of all communications is sacred. Restrictions may be ordered only pursuant to a law. > ART. 2. FREEDOM OF BELIEF > 1) Freedoms of faith and of conscience, and freedom of creed, religious or ideological, are sacred. The undisturbed practice of religion is guaranteed. > 2) No citizen may be drafted into war service as an armed combatant against his or her conscience. Appropriate civil service substitutions may be required. > 3) The government shall neither endorse or support any organized religious group, nor make any practice that may be seen as an endorsement. > ART. 3. FREEDOM OF ASSOCIATION AND ASSEMBLY > 1) All Talossans have the right to form associations and societies. > 2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international relations, are prohibited. > 3) The right to form labor associations is guaranteed to everyone and to all trades and professions. Agreements that confine or seek to obstruct this right are null and void. > 4) All Talossans have the right to assemble peacefully without prior notification or permission. > ART. 4. FREEDOM TO VOICE OPINION > 1) Every Talossan has the right to petition the suitable authorities or to their representatives. This right may be exercised by individuals as well as by several persons together. > 2) It shall be the right of all citizens to vote on or after their fourteenth birthday. > > ART. 1. MARRIAGES AND FAMILY > 1) Marriage and family enjoy the special protection of the state. > 2) Care and upbringing of children are the ordinary right of the parents and a duty primarily an obligation on them. The state watches over and assists the performance of this duty. > 3) Every parent is entitled to the protection and care of the community. > ART. 2. EDUCATION > The entire educational system is under the supervision of the state. A single national standard shall be established for the quality of the educational system. > ART. 3. LABOR > 1) Labor is under the special protection of the Republic. > 2) The right of security and the promotion of labor and economic conditions are guaranteed to every citizen and every profession. All arrangements and actions that endeavor to constrain or confine this right are prohibited. > 3) Any citizen in employment has the right to the free time required for the discharge of his or her civil rights. > ART. 4. HEALTH > All Talossans shall be guaranteed the right to medical insurance and the attention of doctors. For the purpose of conserving health and the facility to work, and of protecting parenthood, the Republic shall adopt a comprehensive system of insurance. All Talossans shall be protected under this system. > Before anyone else says it, no those above stricken portions do not apply to us. > CHAPTER IV: PRIVACY AND PROPERTY > ART. 1. INVIOLABILITY OF PRIVACY AND PROPERTY > 1) The home is sacred. Searches may be ordered only by a judge and may be carried out only in the mode set by law. Otherwise, this sacredness may be encroached upon or limited only to avoid a common danger to individuals. > 2) The right to ownership of and the protection of property is guaranteed but implies duties. This portion could apply to the Republic, in certain circumstances. > ART. 2. INTELLECTUAL PROPERTY RIGHTS > 1) Intellectual labor, the rights of the author, the inventor, the composer, and the artist enjoy the special protection and care of the Republic. > 2) The products of Talossan scholarship, art, and technical science shall also be recognized and protected abroad through international agreement. This DOES apply. > CHAPTER V: APPLICATION AND RESTRICTION > ART. 1. APPLICATION OF RIGHTS > 1) Insofar as under this Constitution a basic right may be restricted by or only pursuant to a law, the law must apply generally and not solely to an individual case. Furthermore, the law must name the basic right, indicating the article. > 2) In no case may a basic right be infringed upon in its essential content. > 3) The basic rights apply also to corporations established under Talossan public law to the extent that the nature of such rights permits. > 4) Should any person's right be violated by public authority, recourse to the court shall be open to him or her. If no other court has jurisdiction, recourse shall be to the ordinary courts. > ART. 2. RESTRICTIONS > 1) The freedom of the individual may be restricted only in accord with the formal law and only with appropriate regard to the law. Detained persons may be subjected neither to mental nor to physical maltreatment. > 2) Only judges may decide on tolerability or expansion of a denial of liberty. The law enforcement may hold no one in its custody longer than twenty-four hours after the arrest, if no crime is charged against that person. > 3) Any person detained on suspicion of having committed an offense must be brought before a judge the day following the arrest. From there, the detainee shall be informed of the reasons for the detention and be given an opportunity to raise objection. > ART. 3. RIGHT TO FAIR HEARING > 1) In the courts everyone is entitled to a hearing in accord with the law. > 2) An act can be punished only if it was a punishable offense by law prior to the act. No one may be punished for the same act more than once in pursuance of general penal legislation. Bills of attainder are illegal. > I am quite proud of the Rights & Protections section. :-) > === > Only minor amendments from my Barebones Framework: > > 1. These rights shall apply to all citizens of the Republic, and also to all those who register with the Government as prospective citizens according to law. > > 2. No decision of the Government, or of any Minister or government official, may override these rights. Parliament may only do so by explicitly stating its intention to do so in legislation. > > 3. Any citizen may seek redress in the Courts against the Government, or any citizen or corporation of the Republic, for violation of these rights. How does this (esp. your section 2) reconcile with the right of the High Court to rule on legislation that is brought before them in a case? -------------------------------------- Take dead aim on the rich boys. Get them in the crosshairs and take them down. Just remember, they can buy anything but they can't buy backbone. Don't let them forget it. |
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