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6th Oct '12 10:38:21 AM
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'''Preamble''' WE, the members of this Constitutional Assembly, recognise that at this juncture in the history of human events, the following we understand to be true: THAT we the people can recognise no State whose sovereignty does not emanate from the consent of the people; THAT persons are born with certain inalienable Rights; THAT the establishment of a functional State is a precondition for the existence of a free, open, human society. THEREFORE, through this document, we lay the basis of one system of such government, to be adopted, protected, and modified as befits the will of the people of this country. '''I. Legislative Processes''' \\ ''A. Constitutional Perogative:'' no measure passed by any legislative process shall contravene an article of this consititution. ''B. Federal System:'' The nation to have three levels of governance: national, regional/territorial, and local. ''C. National Level.'' Two methods of passing legislation at the national level:\\ 1. Elected Legislature: A directly elected one house legislature shall exist at the national level. When a bill is proposed in the national legislature it is passed as law if more than 50% of the representatives vote in itís favor.\\ 2. Council and Ballot: A citizenís council consisting of volunteers selected from the regional citizens councils shall exist at the national level. When a proposal for a ballot measure is made in the national council, the council shall engage in facilitated discussion until a consensus statement of the proposal (with 95% support) is reached. This form of the proposal shall then be sent down to the regional councils for further debate. If more 50% of the regional councils support the proposal in itís original form, then it is presented to all citizens in the country as a ballot to be voted on. If less than 50% of the regional councils support the proposal, the proposal does not go to popular ballot.\\ 3. An elected legislator may introduce proposals to the council, and the council may introduce bills to the legislature. Regional councils may introduce proposals for consideration to the national council, subject to the same process as outlined in article I.C.2.\\ 4. Measures passed by council and ballot take precedence over measures passed by the legislature. ''D. Regional and Local Levels:''\\ 1. A process equivalent to that at the national level shall take place at the regional and local levels of government.\\ 2. Legislation passed at one level of government is binding on all lower levels of government. '''II. The Judiciary System''' \\ ''A. A Ministry of Justice, understood as an independent, sovereign judiciary power, shall be created to administrate the judicial system.''\\ 1. It is the exclusive purview and duty of the judiciary to provide for a fair and rapid trial of those accused of crimes or misdemeanours; to provide for the resolution of civil cases; and to conduct judicial review, ensuring that the Legislative shall make no law in contradiction of this Constitution.\\ 2. The power of judicial review is embodied exclusively in the Supreme Court; decisions of lower courts are not binding of how a law is to be interpreted, nor are they apt to change the body of law, except when those decisions are, then, ratified and codified by the authority of the Supreme Court. ''B. To define the structure of the judiciary system, where not specified in this Constitution, shall be the exclusive provision of the Ministry of Justice.''\\ 1. Funding for the operation of the Ministry, and the Judiciary, shall be provided by Parliament.\\ 2. The Ministry of Justice shall be headed by a Head Minister for Justice. ''C. A Supreme Court shall be established as the highest national court.''\\ 1. The Supreme Court has power to review and decide on cases brought up to it by lower instance courts, via a process to be defined by the Ministry of Justice.\\ 2. The Supreme Court shall be composed of nine members. Only former judges who have practised law as a magistrate for at least five years, and are currently allowed to legally practise law, are eligible to become members of the Supreme Court. The members of the Court are:\\ a. The head Minister for Justice, which shall be elected by the popular vote. Elections for the Head Minister shall be called no longer than five years apart, and no less than four years apart, the Minister's term being comprised of a corresponding amount of time. The Minister for Justice may be re-elected an indefinite number of times.\\ b. Two lesser ministers, which serve for terms that may not exceed five years, and are elected alongside the head Minister; they are not re-electable.\\ c. Three lifetime ministers, which shall be appointed by Parliament only from the ranks of former head ministers or lesser ministers. They serve until the retirement age of 65 years.\\ d. Three lifetime justices, which shall be appointed by the head of the Executive power, and who must be confirmed as Supreme Court justices by a consensus of the higher instance court judges, as defined by the Ministry of Justice.\\ e. The head and lesser ministers for justice comprise the First Bench; the lifetime ministers comprise the Second Bench; the lifetime justices comprise the Third Bench.\\ 3. Decisions of the Supreme Court shall be taken through approval by a simple majority including members of each bench, or a supermajority including all members of two benches. '''III. The Executive '''\\ ''A. Consistent with the Federal System as outlined in Article I, there is to be an executive Head of Government at each of the three levels of government:'' National, Regional, and Local. The National Head of Government shall be called the President, the Regional shall be called the Governor, and the local shall be called the Mayor. Territories shall be governed by an administrative head appointed for a five year term by the President, as approved by the House of Representatives. Executive heads of government to serve for four year terms, maximum of two terms. ''B. At each level of government, the election process shall be as follows:'' a general election by all eligible voters on one day selected by the corresponding legislature. The election process shall be administered by an election commission to be appointed by the National Minister of Justice for a four year term, the day of appointment not to fall on an election year. The election commission shall be funded by the House of Representatives. ''C. All executive agencies shall report to the executive head of government at the corresponding level of government, such that national agencies shall report to the President, regional agencies to the Governor, and so forth.'' The executive head of government shall have the right to appoint or remove Ministers as heads of these agencies at any time. Appointments are made with the approval of a majority of the House of Representatives. ''D. The executive head of government is considered the Chief of all public security forces at the corresponding level of government.'' He is also to take on emergency powers during times of declared emergencies (see Article V). ''E. In the event of the removal from office by death,'' incapacitation, or any other nonprocedural means, the Minister of Justice is to appoint a member of the court at the appropriate level of government to become the executive head of government pro temp, until another election can be organized by the election commission. This election must occur within one year of the removal of the executive. ''F. Executive heads of government can only be procedurally removed from office by means of the council and ballot process at the corresponding level of government,'' such ballot of removal must be approved by 60% of all eligible voters at that level of government. '''Article IV: Individual Civil Rights''' \\ ''A. This constitution recognizes the following rights as inherent and inaliable to all citizens and legal residents within our country.'' No act of government may contravene any right herein. ''B. The following articles describe human rights as protected by this consitution:''\\ 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.\\ 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.\\ 3. Everyone has the right to life, liberty and security of person.\\ 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.\\ 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.\\ 6. Everyone has the right to recognition everywhere as a person before the law.\\ 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.\\ 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.\\ 9. No one shall be subjected to arbitrary arrest, detention or exile.\\ 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.\\ 11. a. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.\\ b. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.\\ 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.\\ 13. a. Everyone has the right to freedom of movement and residence within the borders of each state. \\ b. Everyone has the right to leave any country, including their own, and to return to their country.\\ 14. a. Everyone has the right to own property alone as well as in association with others.\\ b. No one shall be arbitrarily deprived of his property.\\ 15. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.\\ 16. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.\\ 17. a. Everyone has the right to freedom of peaceful assembly and association.\\ b. No one may be compelled to belong to an association.\\ 18. a. Everyone has the right to take part in the government of their country, directly or through freely chosen representatives.\\ b. Everyone has the right of equal access to public service in their country.\\ c. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. ''C. In addition, we adopt the following:''\\ 1. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall 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. No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of aGrand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.\\ 3. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.\\ 4. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.\\ 5. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.\\ 6. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.\\ 7. These rights and freedoms may in no case be exercised contrary to the purposes and principles of this constitution.\\ 8. Nothing in this article may be interpreted as implying for any government entity, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.\\ 9. The amendment process shall be as follows: When a proposal for an amendment to the constitution is made in the national citizens council, the council shall engage in facilitated discussion until a consensus statement of the proposal (with 95% support) is reached. This form of the proposal shall then be sent down to the regional councils for further debate. If more 65% of the regional councils support the proposal in itís original form, then it is presented to all citizens in the country as a ballot to be voted on. If less than 65% of the regional councils support the proposal, the proposal does not go to popular ballot. An amendment must pass by ballot supported by 60% of voters to pass. '''Article V: National Security, States of Emergency, and Treason''' \\ ''A. The various governing bodies at each level of government shall establish such military forces as are deemed necessary to provide for the common defense,'' and to fulfill such international obligations as the national government on behalf of the people shall agree to undertake.\\ 1. Different branches shall be established to administer forces appropriate to the different domains of the national defense- an army for land operations, a navy for sea operations, an air force for operations in the air, and other such branches as seem appropriate. ''B. The Legislatures at each level of government shall be responsible for establishing such branches of the military forces as they deem necessary,'' and possess sole power to approve the funding of such branches. All branches of military forces shall be administered as agencies of the executive branch of the appropriate level of government. ''C. The military forces of the national government shall be referred to as the National Military,'' those of the Regions and Territories as Guards, and of the Localities as Militia. ''D. Nothing in this constitution shall be deemed to prevent the governing bodies at the various levels from sharing revenue,'' personnel, equipment or other resources, or from establishing common standards of performance and procedures. The national level of government shall have sole power to deploy military forces outside of the national boundaries. ''E. Military forces shall play no role or official capacity in political activities,'' or the enforcement of the law within national boundaries. Military agencies may not engage in activities intended to generate profit or private revenue, nor the ownership of private property. ''F. Weapons commonly classified as biological,'' chemical, nuclear, or as weapons of mass destruction shall only be developed, obtained or deployed if approved by the council and ballot system, described in Article I. In any case, the national level of government shall have sole power to seek approval of such weapons. ''G. Whether service in the military shall be deemed mandatory for all eligible citizens,'' or entirely voluntary, or according to some other scheme, shall be decided by the council and ballot system described in Article I. In the case of any conflict, service rendered at a higher level of government shall substitute for that at a lower level. ''H. Military forces can be deployed outside the country only at the explicit direction of the Head of the National Government,'' and a decision by a majority of the national legislature approving such deployment. Such forces are to be withdrawn from deployment outside national boundaries at any time by either a decision of the national executive, or a 60% vote of the national legislature, or by the council and ballot process. Military forces are never to be deployed beyond national boundaries except for the purpose of defending innocent people from unlawful attack, or in response to a natural or man-made disaster. ''I. Each level of government shall be responsible for organizing such police and security forces as are deemed necessary to ensure public safety and security.'' Police and security forces are administered as agencies of the executive branch of government. Such forces shall have sole power of arrest within their respective jurisdiction. Police and security forces shall be armed at the discretion of their governing authority. All persons arrested shall be charged with crimes and given to the charge of a prosecuting authority, which shall be executive agencies of government to be administered entirely separate from Police and other security forces. Persons charged with a crime shall be rendered to trail by the appropriate judicial court within a reasonable time as defined by law. All police, security and prosecuting authorities, and their personnel, shall at all times act within the constraints established by law. Police and security forces shall be deployed across jurisdictional boundaries in accordance with appropriate agreements between jurisdictions, and in accordance with regional and national laws. Nothing in this constitution shall be deemed to prevent the governing bodies at the various levels from sharing revenue, personnel, equipment or other resources, or from establishing common standards of performance and procedures. ''J. A Bureau of Public Health and Safety shall be commissioned at the national level to provide regulation of activities,'' substances and other such items as may constitute a threat to the health and safety of the general public. Regulations may include, but are not limited to, items such as substances that are proven to be addictive, debilitating or toxic, commercial products that may be used dangerously, weapons, explosives, and public media. Regulations may extend to such requirements as licenses, fees, criteria of ownership, possession or participation as are necessary to minimize the rate of death, injury, debilitation or other dangerous outcomes. Outright banning of such activities, substances or commercial products is to be undertaken only in response to overwhelming evidence of a direct and present danger to the public. \\ 1. The National Legislature shall charter a national association of science and research for the purpose of establishing standards and providing institutional support to the scientific and research community within the country. This association shall include as members all citizens who possess the appropriate degree of education and a professional position within the science or research community. This association shall otherwise operate independently of any branch of government. \\ 2. These members shall establish a committee for the purpose of inviting nationally recognized leaders of research or education to serve on one or more policy panels of the Bureau of Public Health and Safety. The members of the panel shall serve for any number of two years terms, provided they are non-consecutive. The Policy Panels shall review all research relevant to an issue relating to public health and safety, and using that research, shall have the power to establish regulations, fees, fines, and other such rules and policies as are deemed necessary to protect the public health and safety. \\ 2.a. The National Legislative Branch shall provide for the funding of the Bureau of Public Health and Safety through the standard budgeting process \\ 2.b. The number of policy panels, their purpose and their membership size shall be determined by the National Executive \\ 2.c. The National Judiciary shall have the power to overturn or restrict any regulation or ruling by a policy panel if such rule or regulation is found to be in contradiction of a national law or an article of this constitution. ''K. States of Emergency can be declared by an executive of any level of government regarding any territory within the administrative jurisdiction of that executive.'' The legislature of every locality, region and territory, as well as the national level, shall set forth legal criteria for establishing that a state of emergency exists, including different levels of emergency, time limits and renewal deadlines, and also set out the specific powers that accrue to the executive upon declaring such a state, including what legal rights and other protections shall be suspended, if any. Such criteria should be in accordance with the latest research and best practices in the field of emergency preparedness and response. The legislature shall further be empowered to set aside a budget, borrow money, or otherwise provide for the funding of emergency related activities by various branches and agencies of government. Such monies may be used for the purpose of prevention, response or re-imbursement for damages following an emergency. States of emergency can be declared for regions outside of the national boundaries for the purpose of assisting in relief efforts in accordance with international treaties or agreements. Any such deployment must be in accordance with the requirements of Article V.H. Any declared state of emergency can be voided by an act of 60% of the legislature of the level of government that declared the emergency. ''L. Treason:'' It is here stipulated that citizens have a legal and moral duty to actively avoid engaging in or assisting activities that are intended to materially harm the ability or capacity of the state and it's governing institutions to provide those services and rights provided for in this constitution. This includes attacks on the territory, physical infrastructure, and such organizations and institutions as are necessary for the state to provide for the safety, security and well-being of it's citizens. Such attacks may include, but are not limited to, acts of succession, attacks using weapons of mass destruction, and electronic attacks on vital infrastructure. \\ 1. An act of treason will be considered a criminal offense, to be tried by the National Judiciary, and if convicted, will result in either permanent removal from within the boundaries of the country, or life in prison without parole. 2. A majority of the national legislature may issue a pardon for this, or any other crime prosecuted under the national statutes. Regional and local legislatures may do so likewise regarding their corresponding statutes.
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