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Declaration of Rights
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Wintermoot
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  • I feel that we're quickly moving to the end of this Convention, and the time has come for a discussion on a Declaration of Rights. Namely, some Constitutions give a list of rights each Citizen has that cannot be infringed by the government. The question here is, would we like an explicit Declaration of Rights in our Constitution, and if so, what should they be?

    The floor is open on this one. :)


    I went all the way to Cassadega to commune with the dead
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    Wintermoot
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    Toms
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  • 1. Every citizen shall have the right to free speech, to protest, to petition and to free press.

    2. Every citizen shall have the right to the free practice of religion and no government institution or official shall establish a regional religion.

    3. No citizen shall be subject to an ex post facto law or a bill of attainder.

    4. Every citizen shall have the right to manage his or her nation as desired. This provision shall not be construed to prohibit the regional government from establishing a limit on WA endorsements to protect the WA Delegacy.

    5. No citizen shall be compelled to be a member of the WA or any other interregional organization.

    6. No citizen shall be ejected and banned from the region or banned from the forum without a fair, speedy and public trial before the judiciary. (Whatever it may be called)

    7. No citizen shall be subject to double jeopardy.

    8. Every citizen shall have the right to stand in regional elections and vote in regional elections and referendums according to any election procedural rules laid out by statute, except during forum bans lawfully imposed by the Judiciary.

    9. No citizen shall be deprived of due process of law or equal protection under the law.

    10. The granting of rights by this Constitution shall not be construed to restrict or prohibit the granting of additional rights by statute. No rights granted to citizens by this Constitution shall be construed to be granted to non-citizen residents of the region.


    tl;dr: Spiritus :P
    Toms
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    Wintermoot
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  • lmao! I can't believe someone actually copied and pasted Spiritus' DoR.

    We should probably try to modify that. Don't want Cormac suing me for copyright. :P


    I went all the way to Cassadega to commune with the dead
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    Wintermoot
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    Chanku
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  • I have a few:

    1) No Government funded offices may respect or further a religion

    2) The government can not make anything compulsory

    These are the only things I can think of.
    See you later space cowboy.
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    Current Positions in Wintreath
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    Chanku
    Weissreich
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  • 1 - That held within the bounds of this Declaration are unalterable and inviolate, to be held utmost in the minds of government in all dealings.

    2 - Citizens have the right to freedom of speech, of expression and of religion.

    3 - Citizens have the right to trial by Habeus Corpus, and any trial deemed to fail this prerequisite are denied the authority to expel a Citizen.

    4 - Citizens have the right to protest and petition their government and their Monarch.

    5 - No Citizen will be instructed in the management of his or her own nation by the government of the region against their desires.

    6 - No Citizen will be instructed to join the World Assembly, positions of government or other inter or extra-regional bodies against their desires.

    7 - No Citizen can be denied the right to stand for regional and extra-regional posts by government or Monarchy unless ruled on by the Judiciary.

    8 - Government and Monarch cannot enforce, encourage or otherwise further an official religion.

    9 - Government and Monarch cannot make compulsory anything without due consultation of ALL citizens.

    10 - Government and Monarch have the duty to protect the Citizen and ensure their survival both physically as a nation and economically as members of this region.

    11 - Government and Monarch have the duty to prevent all forms of discrimination, regardless of basis, against any Citizen.

    12 - Amendments to this Bill of Rights must follow the letter of the Amendment Document in process and in action.
    « Last Edit: November 29, 2013, 05:54:44 PM by Weissreich »
    Duke Klause Edíl-Astos Meindhert
    Archivist Academic


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    Weissreich
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    Chanku
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  • I also have a few more ideas:
    1) The government of Wintreath may not further nor respect a religion.
    2) The Government of Wintreath may not discriminate on basis of race/ethnicity, age, sexuality, gender, or religion
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
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    Mandate Holder for Jarl of Defense
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    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
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    Kaizer - Matriarch (REFORMED)
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    Chanku
    Weissreich
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  • I also have a few more ideas:
    1) The government of Wintreath may not further nor respect a religion.
    2) The Government of Wintreath may not discriminate on basis of race/ethnicity, age, sexuality, gender, or religion
    I've added that into my proposal, give it a quick peruse and see if there's anything else missing you might like to add? I'm going to incorporate all suggestions and try and come up with a unified document to suggest to Moot :)
    Duke Klause Edíl-Astos Meindhert
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    Toms
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  • nor respect a religion.
    This reads as if the government must be against all religions, perhaps it should read "nor respect a religion above any other religion"
    10 - Government and Monarch have the duty to protect the Citizen and ensure their survival both physically as a nation and economically as members of this region.

    Yes it sounds good, but what does it mean practically speaking?
    Toms
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    Chanku
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  • Ah, alright I didn't read it as that way, so that could be written like that. 
    See you later space cowboy.
    Old Signature

     
    Current Positions in Wintreath
    Matriarch of House Kaizer
    Speaker of the 29th Underhusen
    Advisor to the Riksråd
    Positions I've held
    Riksrad(1st Jarl of Information, 3rd Jarl of Foreign Affairs, 2nd Jarl of Defense)
    Member of the WHR
    Speaker of the Underhusen (3rd)
    Speaker Pro Tempore of the Underhusen (1st)
    Underhusen Member (1st-3rd)
    Member of the 5th Overhusen
    Chairman of the 5th Overhusen
    6th Underhusen
    Speaker of the 6th Underhusen
    Mandate Holder for Jarl of Defense
    Member of the 8th Storting (Underhusen)
    Royalty of Wintreath
    Ambassador for the Department of Foreign Affairs.
    Underhusen Terms I've been a part of
    1st Underhusen
    2nd Underhusen
    3rd Underhusen
    6th Underhusen
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    Overhusen Terms I've been a part of
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    Kaizer - Matriarch (REFORMED)
    Kestar - Child of Wintermoot (REMOVED)
    Chanku
    Weissreich
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  • nor respect a religion.
    This reads as if the government must be against all religions, perhaps it should read "nor respect a religion above any other religion"
    10 - Government and Monarch have the duty to protect the Citizen and ensure their survival both physically as a nation and economically as members of this region.

    Yes it sounds good, but what does it mean practically speaking?

    Keep people safe and allow them to prosper. If you want to discuss vague wording, I'll go find a copy of the American Constitution.
    Duke Klause Edíl-Astos Meindhert
    Archivist Academic


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    Toms
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  • nor respect a religion.
    This reads as if the government must be against all religions, perhaps it should read "nor respect a religion above any other religion"
    10 - Government and Monarch have the duty to protect the Citizen and ensure their survival both physically as a nation and economically as members of this region.

    Yes it sounds good, but what does it mean practically speaking?

    Keep people safe and allow them to prosper. If you want to discuss vague wording, I'll go find a copy of the American Constitution.

    So...you want Wintreath to be like America then? :P
    Toms
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    Weissreich
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  • Yes, because of course anyone saying anything remotely along those lines wants to be like America, such an upstanding and great example to everyone the world over. Disagree with me? Sorry, can't hear you over the sound of I'm reading all your emails and the inbound drone.

    E: I'm aware sarcasm doesn't come over that well on the internet so thought perhaps clarification should be added. No. Not at all. Not even slightly. Why would you even say that? Are you Houdini? Goddamnit.
    Duke Klause Edíl-Astos Meindhert
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    Wintermoot
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  • Well, this has gone well...let me try my hand at it. :P



    1) Citizens shall have the right to speak and to protest freely.

    2) Citizens shall have the right to be informed of the reasoning behind any decision to revoke their Citizenship, and shall have the right to appeal that decision.

    3) Citizens shall have the right to a fair trail.

    4) Citizens shall have the right to manage their nations without interference, except for caps placed on the number of World Assembly endorsements for the protection of the legal Delegate.

    5) Citizens shall have the right to petition for a redress of any perceived grievances.

    6) Citizens shall not be required to join the World Assembly or to participate in any inter or extra-regional bodies.

    7) Citizens shall have the right to stand for any elected government offices for which they qualify and to vote in any regional elections.



    I narrowed the list of rights, as some of them were unnecessary, in my opinion. The right to speak freely includes the right to speak freely about religion, and even if the government were to for some reason adopt an official religion that wouldn't impact that right. As Toms pointed out, some articles were ambiguous and would probably become the subject of lawsuits if they remained, such as the right to physical and economic protection, and I believe that will probably be safely covered by the rest of the document anyway.

    I also reworded the part on joining inter or extra-regional bodies...the reason for that is because there were some questions in Spiritus in the past as to whether the Constitution allowed it to join organizations such as the FRA, since it could be interpreted that doing so would make the nations within it members, perhaps against their will. I reworded it so that our region could join any such organization in the future, but our Citizens could not be compelled to participate in it.

    Thoughts?


    « Last Edit: December 02, 2013, 05:31:37 AM by Wintermoot »


    I went all the way to Cassadega to commune with the dead
    They said "You'd better look alive"
    Wintermoot
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    kinxer
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  • I like the updated list of rights. The right to free speech, logically including religion, appeals to me, but while I don't ever expect it to happen, in a physical government there'd be the loophole that there is no right to freedom of religious practice and/or belief. Not something I think needs to change, necessarily, but it's something I figured I'd bring up.
    kinxer
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    Charax
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  • 1) Citizens shall have the right to speak and to protest freely.

    2) Citizens shall have the right to be informed of the reasoning behind any decision to revoke their Citizenship, and shall have the right to appeal that decision.

    3) Citizens shall have the right to a fair trail.

    4) Citizens shall have the right to manage their nations without interference, except for caps placed on the number of World Assembly endorsements for the protection of the legal Delegate.

    5) Citizens shall have the right to petition for a redress of any perceived grievances.

    6) Citizens shall not be required to join the World Assembly or to participate in any inter or extra-regional bodies.

    7) Citizens shall have the right to stand for any elected government offices for which they qualify and to vote in any regional elections.

    8) Citizens shall have the right to administer their nations however they please





    Might be nice to stick that in to make sure we're secure on the gameside, and ensure we're open to all. The two of us can't be the entire line of succession forever y'know.
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