Post by Ian Plätschisch on Oct 16, 2018 21:15:44 GMT -6
WHEREAS The number one priority of any state should be to protect the rights of its citizens, and
WHEREAS Therefore even the Organic Law should be subservient to the Covenant of Rights and Freedoms, and
WHEREAS The best way to make that clear is to make the Covenants a document separate from the Organic Law
THEREFORE The Ziu, dependent upon the passage of The Final Draft of the 2019 Amendment to the Organic Law, enshrines these Covenants guaranteeing rights and freedoms to Talossan citizens
Ureu q'estadra så:
HM Government, represented by:
Ian Plätschisch (Seneschal)
Viteu Marcianüs (Distain)
WHEREAS Therefore even the Organic Law should be subservient to the Covenant of Rights and Freedoms, and
WHEREAS The best way to make that clear is to make the Covenants a document separate from the Organic Law
THEREFORE The Ziu, dependent upon the passage of The Final Draft of the 2019 Amendment to the Organic Law, enshrines these Covenants guaranteeing rights and freedoms to Talossan citizens
Preamble
The Covenants of Rights and Freedoms guarantees the rights and freedoms set out in them to all Talossan citizens, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. These Covenants shall be interpreted in a manner consistent with Talossan custom and tradition, and with the aim in mind of preserving and enhancing the ethnic heritage of the Talossan nation and the peace, order, and good government for the Kingdom of Talossa.
First Covenant
No law shall exist abridging the freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication except in case of public order or morals. Censorship shall never exist in Talossa; every person may freely speak, write and publish his sentiments on all subjects, being responsible for the libelous abuse of that right.
Second Covenant
No discrimination, affirmative action schemes, or preferential treatment shall exist within the Kingdom of Talossa on the grounds of race, colour, class, nobility, sex, sexual orientation, gender identity, age, religion, beliefs, language, or any other physical or societal parameters of any kind whatsoever, except as provided for elsewhere in this Organic Law. No religious or ideological organisation shall be "established" by law. Separate consideration on the basis of sex may only exist in cases of propriety.
Third Covenant
Talossans have the right to peaceful assembly whether in private facilities or in the open air, provided that such assembly neither disrupts traffic or legal commercial activity, or unduly inconveniences people. Talossans have the right to freely organize political parties and other organizations, subject to their own laws of membership, and this right may not be abridged except with regards to organizations which advocate the use of violence or intimidation to attain political or other ends, or which seek to restrain any person or group of people from the exercise of their rights as granted under these Covenants.
Fourth Covenant
Under the principle that "A Man's Room is His Kingdom," the right of the people to privacy and security in their persons, homes, papers, correspondence, and property, against unreasonable searches and seizures, shall not be violated. The privilege of the writ of habeas corpus shall not be suspended. No person may be arrested or detained without a warrant issued by a judge, except in cases of flagrante delicto. No warrants shall be issued except on probable cause, and must particularly describe the place to be searched and the person or things to be seized. The right to privacy for public figures must be balanced by the public's right to know, in matters affecting politics, elections, campaigns, and governing. The intentional withholding of political information which reasonable voters might find helpful, profitable, or informative, violates the public's right to know.
Fifth Covenant
No person shall be deprived life, liberty, or property without due process of law, nor denied equal protection of law. Any person charged with an offense must be informed of their legal rights upon seizure by the government, and must be presumed innocent until proven guilty by a court of law. No person shall be subject to answer to the same criminal offense after the criminal charge has been properly adjudicated in a court of law, nor shall any person be compelled in any criminal case to bear witness against himself, nor shall any person be subjected to excessive fines, nor shall any person be subjected cruel and unusual punishment. The Ziu shall have the power to enforce this Covenant by appropriate legislation. (50RZ26)
Sixth Covenant
Liberty consists of any action which is not detrimental to others, and no right herein enumerated, or elsewhere recognised by the Cosâ, shall extend to anyone engaged in activities which injure, endanger, risk or compromise the physical health, privacy, or tranquility of other persons through the pretended exercise of said right.
Seventh Covenant
No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs.
Eighth Covenant
Talossa shall never tax nor purport to tax, unduly burden, outlaw or abridge for its citizens any right to acts of: peaceful assembly; religious worship or affiliation; political speech or expression or affiliation; religious or historical or scientific or philosophical belief; abortion (being the freely conscious ability for a woman to make a determination on the continuation of her pregnancy); consensual sexual activity (between two consenting people of an age of responsibility); contraception; marriage (between consenting adults regardless of their sex, unless they are consanguineous up to the fourth degree of relationship), civil unions (and equivalents); divorce; adoption; advance health care directives; attempted suicide; euthanasia; the reading of any book; and the writing or use of any language. Neither shall any person be made to answer in any Talossan court for the alleged, admitted, or actual violation of any foreign law restricting or denying any right to or forbidding any act enumerated above.
Ninth Covenant
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury or tribunal of the Crown. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence.
Tenth Covenant
Anyone whose rights and freedoms, as guaranteed by these Covenants, have been infringed or denied may appeal to a court of competent jurisdiction to obtain such redress of grievances as the court considers appropriate and just in the circumstances, but the award granted to the plaintiff for punitive damages shall not exceed that granted for compensatory damages.
Eleventh Covenant
Where, in the course of a trial, a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by these Covenants, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
Twelfth Covenant
Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime determined by the Uppermost Cort, or as a result of relevant electoral or census law.
Thirteenth Covenant
The enumeration of rights and freedoms in these Covenants shall not be construed to deny or disparage other rights retained by the people. Powers not delegated by law to the Crown, to the Government, to the courts, to the Provinces or Territories, or to legal state organs established thereunder, are held by the Talossan people.
Status of the Covenants of Rights and Freedoms
These Covenants are the foundation of the Kingdom of Talossa. All other aspect of the Talossan state are subordinate to these Covenants, derive their authority from them, and must not contradict them.
Amendments to the Covenants of Rights and Freedoms
The Covenants of Rights and Freedoms may be amended in the same manner as the Organic Law, except that an amendment must approved by a two-thirds majority of voters participating in the referendum on the question of the amendment, instead of by the otherwise specified margin.
The Covenants of Rights and Freedoms guarantees the rights and freedoms set out in them to all Talossan citizens, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. These Covenants shall be interpreted in a manner consistent with Talossan custom and tradition, and with the aim in mind of preserving and enhancing the ethnic heritage of the Talossan nation and the peace, order, and good government for the Kingdom of Talossa.
First Covenant
No law shall exist abridging the freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication except in case of public order or morals. Censorship shall never exist in Talossa; every person may freely speak, write and publish his sentiments on all subjects, being responsible for the libelous abuse of that right.
Second Covenant
No discrimination, affirmative action schemes, or preferential treatment shall exist within the Kingdom of Talossa on the grounds of race, colour, class, nobility, sex, sexual orientation, gender identity, age, religion, beliefs, language, or any other physical or societal parameters of any kind whatsoever, except as provided for elsewhere in this Organic Law. No religious or ideological organisation shall be "established" by law. Separate consideration on the basis of sex may only exist in cases of propriety.
Third Covenant
Talossans have the right to peaceful assembly whether in private facilities or in the open air, provided that such assembly neither disrupts traffic or legal commercial activity, or unduly inconveniences people. Talossans have the right to freely organize political parties and other organizations, subject to their own laws of membership, and this right may not be abridged except with regards to organizations which advocate the use of violence or intimidation to attain political or other ends, or which seek to restrain any person or group of people from the exercise of their rights as granted under these Covenants.
Fourth Covenant
Under the principle that "A Man's Room is His Kingdom," the right of the people to privacy and security in their persons, homes, papers, correspondence, and property, against unreasonable searches and seizures, shall not be violated. The privilege of the writ of habeas corpus shall not be suspended. No person may be arrested or detained without a warrant issued by a judge, except in cases of flagrante delicto. No warrants shall be issued except on probable cause, and must particularly describe the place to be searched and the person or things to be seized. The right to privacy for public figures must be balanced by the public's right to know, in matters affecting politics, elections, campaigns, and governing. The intentional withholding of political information which reasonable voters might find helpful, profitable, or informative, violates the public's right to know.
Fifth Covenant
No person shall be deprived life, liberty, or property without due process of law, nor denied equal protection of law. Any person charged with an offense must be informed of their legal rights upon seizure by the government, and must be presumed innocent until proven guilty by a court of law. No person shall be subject to answer to the same criminal offense after the criminal charge has been properly adjudicated in a court of law, nor shall any person be compelled in any criminal case to bear witness against himself, nor shall any person be subjected to excessive fines, nor shall any person be subjected cruel and unusual punishment. The Ziu shall have the power to enforce this Covenant by appropriate legislation. (50RZ26)
Sixth Covenant
Liberty consists of any action which is not detrimental to others, and no right herein enumerated, or elsewhere recognised by the Cosâ, shall extend to anyone engaged in activities which injure, endanger, risk or compromise the physical health, privacy, or tranquility of other persons through the pretended exercise of said right.
Seventh Covenant
No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs.
Eighth Covenant
Talossa shall never tax nor purport to tax, unduly burden, outlaw or abridge for its citizens any right to acts of: peaceful assembly; religious worship or affiliation; political speech or expression or affiliation; religious or historical or scientific or philosophical belief; abortion (being the freely conscious ability for a woman to make a determination on the continuation of her pregnancy); consensual sexual activity (between two consenting people of an age of responsibility); contraception; marriage (between consenting adults regardless of their sex, unless they are consanguineous up to the fourth degree of relationship), civil unions (and equivalents); divorce; adoption; advance health care directives; attempted suicide; euthanasia; the reading of any book; and the writing or use of any language. Neither shall any person be made to answer in any Talossan court for the alleged, admitted, or actual violation of any foreign law restricting or denying any right to or forbidding any act enumerated above.
Ninth Covenant
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury or tribunal of the Crown. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence.
Tenth Covenant
Anyone whose rights and freedoms, as guaranteed by these Covenants, have been infringed or denied may appeal to a court of competent jurisdiction to obtain such redress of grievances as the court considers appropriate and just in the circumstances, but the award granted to the plaintiff for punitive damages shall not exceed that granted for compensatory damages.
Eleventh Covenant
Where, in the course of a trial, a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by these Covenants, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
Twelfth Covenant
Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime determined by the Uppermost Cort, or as a result of relevant electoral or census law.
Thirteenth Covenant
The enumeration of rights and freedoms in these Covenants shall not be construed to deny or disparage other rights retained by the people. Powers not delegated by law to the Crown, to the Government, to the courts, to the Provinces or Territories, or to legal state organs established thereunder, are held by the Talossan people.
Status of the Covenants of Rights and Freedoms
These Covenants are the foundation of the Kingdom of Talossa. All other aspect of the Talossan state are subordinate to these Covenants, derive their authority from them, and must not contradict them.
Amendments to the Covenants of Rights and Freedoms
The Covenants of Rights and Freedoms may be amended in the same manner as the Organic Law, except that an amendment must approved by a two-thirds majority of voters participating in the referendum on the question of the amendment, instead of by the otherwise specified margin.
Ureu q'estadra så:
HM Government, represented by:
Ian Plätschisch (Seneschal)
Viteu Marcianüs (Distain)
