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[CB #32] Carta of Rights and Freedoms: Re-Ratification
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Author:  Wysterian Labourer's Council [ August 21st, 2016, 5:58 am ]
Post subject:  [CB #32] Carta of Rights and Freedoms: Re-Ratification
Greetings,

Over the past few weeks, we have continued our legal re-ratification process; we have now come to the Indoles Carta of Rights and Freedoms. The original language from the text recovered from the Old World Imperial libraries has been subject to thorough communal review, spirited discussion and debate, and constant editing in an effort to reshape teh language where needed in order to better fit our world.

Accordingly, I present the results to the Council of the Crowned for voting.

Thank you.

------

The Indoles Carta of Rights, Freedoms, and Duties

1. Spirit of Hermertia and the Mercurian Empire

The Indoles Carta of Rights, Freedoms and Duties guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in accordance with our goals as a Constitutional Empire and in accordance with our Ancient Rite and Organic Law, the recognition of peace, order, good governance and project as unalienable principles and as being at the very fundamental core to the spirit of the Mercurian Empire and the people of Hermertia. It is the duty of all Hermertians to acknowledge and protect the rights identified herein:

2. Fundamental Rights, Freedoms and Duties

Everyone has the following fundamental freedoms:

a) freedom of conscience and religion;

b) freedom of thought, belief, opinion, and expression, including freedom of the press and other media communication;

c) freedom of peaceful assembly; and

d) freedom of association.

3. Mobility Rights

Every citizen of Hermertia, regardless of their rank or allegiance, has the right to enter, travel through, and leave any region or realm of Hermertia at any time. These mobility laws may be superseded by national/domestic law only in times of formally declared and legal war, where the highest legal authority of a given territory - recognized as sovereign under the Council of the Crowned - at war may temporarily revoke the mobility rights of Hermertian citizens inside specific regions under their authority. This temporary revocation of mobility laws shall only be internationally and legally recognized if a public declaration is made in the Judicial Court to this effect by the highest legal authority of the territory in question, explicitly stating the area affected and the duration of the revocation.

4. Legal Rights

Everyone has the right to life, liberty, and the security of the person, and the right not to be deprived thereof except in accordance within the principles of fundamental justice. Everyone has the right not to be subject to unreasonable search or seizure and not to be arbitrarily detained or imprisoned, except in those cases outlined in Section IV of the Indoles Carta. Everyone has the right, upon arrest, to be informed of the charge without unreasonable delay, to be tried within a reasonable time, and is to be presumed innocent until proven guilty according to law, both international and domestic, in fair and public hearing by an independent and impartial tribunal. If finally acquitted or found guilty of the offense, a person is not to be tried or punished for it again, except in the case that a mistrial can be confirmed due to emerging evidence that was absent during the initial adjudication. No individual shall be charged with criminal or civil offences that were not listed in the Mercurian Criminal or Civil Codes at the time at which the action(s) were committed.

5. Trial and Punishment

Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

6. Equality Rights, Before and Under the Law

Accepting the limitations subject within the Indoles Carta, every individual, regardless of rank, is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on religion, creed, race, national or ethnic origin, colour, sex, age or mental or physical disability. As a right equal before the law, this right comes before the right to freedom of expression. That is, freedom of expression is not a justifiable defense for the infringement or alienation of ones right to equality from objective discrimination, subject to the interpretations of the Judge on a case-by-case basis.

7. Communication with Public Officials

Any member of the public in Hermertia has the right to communicate with, and to receive available services from, any head or central office of an institution of the government of Mercurian Empire, including both legislative houses.

8. Enforcement

Anyone whose rights or freedoms, as guaranteed by this Carta, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

9. Mercurian Commoners

The guarantee in this Carta of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal treaty or other rights or freedoms that pertain to the aboriginal peoples of Old Hermertia (known as Mercurians or Testificates) or the aboriginal peoples of New Hermertia (known as New Hermertians or Testificates).

10. Other rights and freedoms not affected by Carta

The guarantee in this Carta of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Hermertia.

11. Multicultural heritage

This Carta shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Hermertians.

12. Citation

This Part of the Indoles Carta may be cited as the Indoles Carta of Rights, Freedoms and Duties.

This concludes the two sections of the Indoles Carta, the Constitution of the Mercurian Empire.
Author:  Petra Ravnikaar [ August 21st, 2016, 1:47 pm ]
Post subject:  Re: Indoles Carta of Rights and Freedoms: Re-Ratification
Thanks again for doing this Nicholas!

This has my first official vote as a member of the Council.
Author:  The Regent [ August 21st, 2016, 3:18 pm ]
Post subject:  Re: Indoles Carta of Rights and Freedoms: Re-Ratification
And what a first vote; the final ratification of the modernized Carta? Fantastic.

I too laud the good sir, as well as the entire empire, for all of its effort in this cause. The end product is one of the most deliberated documents, and for good reason.

I with great enthusiasm declare my vote for this.
Author:  Joren [ August 21st, 2016, 9:46 pm ]
Post subject:  Re: Indoles Carta of Rights and Freedoms: Re-Ratification
Looks great Nick! I place my vote as well!
Author:  King Erastil [ August 21st, 2016, 9:54 pm ]
Post subject:  Re: Indoles Carta of Rights and Freedoms: Re-Ratification
I am pleased to grant my vote for this re-ratification as well
Author:  Scrios V [ August 22nd, 2016, 1:52 am ]
Post subject:  Re: Indoles Carta of Rights and Freedoms: Re-Ratification
This has my vote as well!
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