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Proposed Bill of Rights

 
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lpc1998
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Joined: 31 Jul 2005
Posts: 39
Location: Singapore

PostPosted: Sat Jan 21, 2006 5:21 pm    Post subject: Proposed Bill of Rights Reply with quote

This forum on the Bill of Rights is established following the proposals by Bruce Eggum (.. http://www.tdcommunity.org/viewtopic.php?t=9 ..) and Andy Landen (.. http://www.tdcommunity.org/viewtopic.php?t=8 ..) to commence discussion on it. Listed below are 14 sections for discussion, evaluation and amendments where it is needed.

When we talk about equality between and among the individuals, it is to be understood that we are talking about legal equality for people are born unequal in many ways, both intrinsically and extrinsically.

We shall restrict the discussion on the Bill of Rights to the personal rights of the citizens to freedom, life and property. Discussion on the Organs of State and their functions and the constitutional provisions on elections, referendums and citizensí initiatives shall be part of the discussions on the drafting of the Constitution itself. Here is an example on the constitution drafting (.. http://www.tdcommunity.org/viewtopic.php?t=17 ..).

Proposed Bill of Rights

Section 1
All persons are equal before the law and entitled to the equal protection of the law.

Section 2
There shall be no discrimination against citizens on the ground of gender, marital status, race, religion, descent, region or place of birth in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

Section 3
There shall be no laws against the freedom of speech or communication, or of the press or other media; or the right of the people to assemble peacefully or to petition the Administration for a redress of any grievance. Without limiting the generality of this section, defamation suits against any person are not allowed.

Section 4
There shall be no laws against the freedom of association, real or virtual.

Section 5
The right of the people to be secure in their person, home, effects and personal information shall not be violated and no Warrant shall be issued by a court of law, except upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Section 6
No person shall be punished for the same offence more than once and any punishment meted out shall be proportional to the crime or offence committed. Excessive punishment of a convicted person or an offender for the purpose of deterring other persons from committing similar crimes or offences is unjust exploitation of a citizen and not allowed.

Section 7
No person shall be deprived of life, liberty or property, without the due process of law; nor shall private property be taken for public use without just compensation.

Section 8
In all criminal prosecutions, the accused shall have the right to a speedy trial 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 favour, and to have the assistance of Counsel for his defence.

Section 9
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Section 10
Torture of any form is strictly prohibited and any person involved in committing a torture against another person shall be prosecuted according to the law.

Section 11
Subject to the provisions in the Constitution concerning state secrets and security, all government business including court proceedings and interrogation of the accused persons shall be as transparent as possible with live broadcast on television and/or over the internet.

Section 12
A person under detention shall have internet access to post his account of the events leading to his arrest or detention, to seek for help and to communicate with anybody he wishes including members of his family, provided nothing in this section shall obliged anyone to communicate with him.

Section 13
All citizens above the age of 21 years shall have the right to vote in any election, referendum or citizens initiative. Moreover, they also have the right to proposal a citizen initiative at any time in accordance with the provisions in the Constitution. The relevant Authority shall have the duty to ensure that all reasonable and secure arrangements are made for the exercise of such a right.

Section 14
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Best Regards
lpc1998
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landen99
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Joined: 19 Jan 2006
Posts: 2
Location: Houston, TX USA

PostPosted: Sat Feb 18, 2006 1:12 pm    Post subject: Bill of Rights, revisions Reply with quote

I like your ideas and offer revisions. My constitution (not ordered by topic, yet):

Section 1b: This equality shall not imply the right of the majority to infringe upon the rights of the individual. The lives and properties of all persons are protected against forcible seizure, and unsolicited control of either property or persons, except by court order in the execution of justice.

Section 1c: The function of justice consists entirely of restoring all inequalities only by the application of just laws. Evidence and testimony may only be reviewed once by the courts. All violations of this equality must be repaired completely by equal division of damages among the convicted criminals. Restoration constitutes forgiveness in the eyes of the law.

Section 2: It is not lawful for any individual, group, or public authority to consider personally discriminating information, consisting of attributes not held common by at least the majority of the population, whether in contract, in legislation, or in justice. Individual privacy shall include, but not be limited to, genetic information, group affiliation or allegiances, philosophical/religious beliefs or activities, marriage status, or age. Personal information may only be recorded and considered by permission of the individual for pre-approved purposes of either medical administration or law enforcement with court warrant.

Section 3: Peaceable communications or activities with pre-approval from the respective property owner may not be restricted. "Peaceable" will be understood to mean lacking violence to, destruction of, forcible control of, or harm to life, limb, or property. All pre-requests for peaceable communications or activities on public lands will be approved at all times. Travel on public roads shall remain completely unrestricted, except concerning issues of public safety.

Section 4: (see Section 2)

Section 5: (see Section 1c)

Section 6: (see Section 1c)

Section 7: (see Section 1b)

Section 8: (no changes, speedy trial, public defense counsel)

Section 9: Bail for release from jail shall be equal to the lowest-probable estimated costs of search, arrest, and transport back to jail, in addition to the employment of devices and procedures necessary to reduce these costs and speed the process. All unused bail shall be refunded and all devices shall be returned for a refund.

Section 10: It is against the law to intentionally inflict pain, or damages, physically or emotionally, upon any person, except in self-defense. It is against the law to intentionally invoke violence, pain, or damages. It is against the law for any person to be held captive without sufficient, uninterrupted, peaceful rest, uninterrupted, clean air and water supply, and good nutrician. Testimony may only be forced by the courts.

Section 11: Extensive, independent oversight is required for all government actions. Technologies, techniques, and strategies shall be strictly protected in all oversights and court proceedings. All else shall be made completely transparent to the public. The government will be held responsible for restoring all domestic damages incurred by its operations.

Section 12: At the individual's own volition and expense (at reasonable rates), the government shall continuously provide with privacy to prisoners dependable communication instruments and directories, and speedy, secure communication channels for written, electronic (fax and internet), and audio communications with non-prisoners. Normal, reasonable expenses of food and lodgings, and interest on all debts to justice, must be first collected. Convicted and non-convicted persons must remain separated.

Section 13: The government shall ensure that it executes only the will of the majority of all citizens. It shall enable the people to easily bring their issues and their choices to immediate and fair elections via any popular communication medium, by requiring a full majority before closing any election issue, to change their votes at any time (even post-election), by repealing laws which lack current majority approval, and by requiring the representatives to represent only their constituents. Representatives must demonstrate probable majority support from their constituents for all of their votes.

Section 14: All laws must be established by powers enumerated in this constitution and no laws may violate equality or privacy. Government may assume no additional powers, except they be granted in equality by this constitution.
_________________
Andy Landen
The truth sets a man free forever.
(currently in Oslo, Norway)
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