Article I - Bill of Rights

[Malliki]

I also vote in favor.

[inspectorzero]

Jan 23, 2010 19:09:09 GMT Ryan said:

Seconded and, obviously, in favor.

I find this proposal an acceptable middle ground. Seconded.

[inspectorzero]

Can we see a draft of Article I? I suppose what I'd expect to see is essentially two sections under the headings of "Basic Laws" (those pertaining to the actual participants) and "Fundamental Laws" (those pertaining to the simulated population). The enumeration of rights can be categorized accordingly.

I'd be willing to work on a draft of this arrangement if needed.

[Malliki]

I will hopefully have a draft sometime tomorrow.

[Malliki]

First draft:

Article 1 - Fundamental Rights and Freedoms
1.1 EQUALITY Everyone is equal before the law. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation is prohibited.

1.2 RIGHT TO VOTE All Cyberian citizens, unless convicted of treason, have the right to vote in all applicable elections and public polls in the Commonwealth.

1.3 CONSENSUAL ACTS No adult person may be prohibited by law from engaging in consensual acts with other adults unless they physically harm the person or property of nonconsenting others.

1.4 FREEDOM OF EXPRESSION AND ASSEMBLY The government shall make no law abridging or restricting freedom of speech, expression or assembly.

1.5 FREEDOM OF RELIGION The government shall make no law respecting any establishment or belief of religion, including any law favouring or disfavouring religion in any manner. The government shall make no law prohibiting the free, non governmental exercise of religion.

1.6 DUE PROCESS All persons shall be guaranteed due process of law in all criminal and administrative procedures. No person shall be compelled to incriminate him or herself in any criminal or administrative proceeding. The government shall not restrict the right to own private property and shall not take the property of any person without offering just compensation therefore.

RIGHT TO JUSTICE
1.7.1 Everyone has the right to the observance of the principles of natural justice by any court or other public authority which has power to determinate their rights, obligations, or interests according to law.

1.7.2 Everyone whose rights, obligations, or interests according to law have been affected by a determination of any court or other public authority has the right to apply, in accordance with law, for judicial review of that determination.

1.7.3 Everyone has the right to bring or defend civil proceedings against the Commonwealth, and to have those proceedings heard according to law in the same way as civil proceedings between individuals.

1.7.4 PRESUMPTION OF INNOCENCE Everyone charged with a criminal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which they have all the guarantees necessary for their defence.

1.7.5 FAIR TRIAL Any person accused of crimes shall be guaranteed a speedy and fair trial by a jury of her peers, information of the nature and cause of the accusation, the right to confront her accusers in a court of law and the right to present a defence with the effective assistance of counsel.

1.8 CRIMINAL PUNISHMENT Excessive bail and fines shall not be imposed and there shall be an absolute prohibition on cruel and unusual punishments, including, but not limited to, the death penalty.

1.9 FREEDOM FROM SLAVERY Neither slavery nor involuntary servitude (the exception being punishment for a crime committed) shall exist in Cyberia. No person shall be forced or drafted into serving in the armed forces of Cyberia or any Province against her own will.

1.10 FREEDOM OF POLITICAL CHOICES Every citizen is free to make political choices, which includes the right:
1.10.1 to form a political party or register as an independent;
1.10.2 to participate in the activities of, or recruit members for, a political party; and
1.10.3 to campaign for a political party or cause.

1.11 SUBSIDIARITY All powers not delegated to the Commonwealth by the Constitution, nor prohibited by it to the Provinces, shall be reserved to the Provinces, or to the people.

1.12 APPLICATION OF RIGHTS The rights guaranteed by this constitution apply to all tiers of government in this Commonwealth. The National Assembly may enforce this article by appropriate legislation.

1.13 TREASON. Treason against the Commonwealth consists only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person may be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

1.14 SEDITION Sedition against the Commonwealth consists only in attempting by force to overthrow or destroy the Government of the Commonwealth, or to levy war against the same, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the Commonwealth, or by force to seize, take, or possess any property of the Commonwealth.

1.15 PROHIBITED GOVERNMENTAL ACTION. No bill of attainder or ex post facto law may be passed. No law impairing the obligation of contracts, and no law making any irrevocable grant of special privileges or immunities may be passed. No conviction may work corruption of blood or forfeiture of estate.

1.16 RIGHT TO THE INTEGRITY OF THE PERSON Everyone has the right to respect for their physical and mental integrity.

1.17 RIGHT TO KNOW No person may be deprived of the right to examine documents or to observe the deliberations of all organs of state of this Commonwealth and its political subdivisions, except in cases in which the demand of individual privacy or national security clearly exceeds the merits of public disclosure.

Article 2 - Basic Rights and Freedoms
2.1 HABEAS CORPUS The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it.

2.2 RIGHT TO BEAR ARMS The government shall make no law abridging the rights of adult citizens of sound mind and lawful character to lawfully own and bear arms, requiring citizens to quarter soldiers, or restricting the rights of citizens to petition the government for redress of grievances.

2.3 SEARCHES AND SEIZURES Everyone has the right to be secure in their persons, houses and other property, papers, and effects, against unreasonable searches and seizures. No warrants may issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

2.4 FREEDOM OF REPRODUCTION The right of a woman to obtain an abortion shall not be abridged by the government nor shall the government make any law abridging the right to marry or procreate or to utilise methods of contraception.

2.5 In the fields of medicine and biology, the following must be respected in particular:
2.5.1 the free and informed consent of the person concerned, according to the procedures laid down by law,
2.5.2 the prohibition of eugenic practices, in particular those aiming at the selection of persons,
2.5.3 the prohibition on making the human body and its parts as such a source of financial gain,
2.5.4 the prohibition of the reproductive cloning of human beings.

[zanderson]

I must object to section 2.4 on moral grounds. I believe abortion is a form of murder and should not be sanctioned by the state.
And I personally think that section 1.2 would be somthing to have in regular legilation, not the constitution. I don't object to the content itself, mind you. I just think it's presence in the constitution seems...odd.

[Malliki]

We can have votes on those two sections. Is the rest of the sections okay to everyone? Then we can proceed to the executive branch article.

[Ryan]

As I am in favor of 2.4, then a vote will be necessary. And we can always make amendments later on if need be.

So yes, I think the rest seems fine and that we can proceed to reviewing the executive branch.

[Malliki]

I would like to add this to article 1:

1.XX RIGHT TO VOTE All Cyberian citizens have the right to vote in all applicable elections in the Commonwealth.

Or should we put voting rights in a separate Article, as before?

[Ryan]

Are criminals or convicted felons allowed to vote too? e.g.:

1.XX RIGHT TO VOTE All Cyberian citizens, unless duly barred by a court order, have to right to vote in all applicable elections and public polls in the Commonwealth.

[Malliki]

I think we should specify what cases can bar a person from voting. I think that only forum hacking and treason should be included in that category.

[Malliki]

I move for a vote on these two articles.

[Ryan]

Feb 1, 2010 18:22:41 GMT Malliki said:

I think we should specify what cases can bar a person from voting. I think that only forum hacking and treason should be included in that category.

I seem to recall the old Cyberia having a "prison" where people accused of crimes, or convicted, could be "held". Essentially this doesn't really work because people will most likely leave rather than sit it out in an isolated forum. However, I was referencing this when I specified adding a court order to preventing a citizen from voting.