Articles of Allegiance

Intro

This is the constitution of the Glorious Republic of Neo-Erusea. It was written shortly after Premier Marshal David Mondol took power in Neo-Erusea. The document is divided into Articles, which can then be divided into sub-articles. The actual document is guarded in the capital city Farbanti

Preamble

We, the citizens of the Glorious Republic, hereby swear our allegiance to the Glorious Republic based upon our respect for each other, for all citizens, for our natural environment and for future generations, agree to live in Neo-Erusea according to the following rights. These rights protect and govern Neo-Erusea. The Individual swears solemnly to govern their lives by these laws. Our representatives shall maintain judicial systems that will enforce these laws in the courts of Neo-Erusea.

Fundamental Rights

Article 1 Universality

All Neo-Erusean citizens shall enjoy the rights and be governed by the laws set forth in this The Neo-Erusea Articles of Allegiance. Natural Persons and/or Corporations are deemed a person before the law; these rights apply whether they reside in Neo-Erusea as a citizen or as a Foreign person in Neo-Erusea pursuing a lawfully and non-aggressive purpose or intent.

Article 2 Freedom of Association

Every person shall have the right to freedom of association, including the right, in small groups or large ones, to gather peacefully to hold meetings, rallies, demonstrations, marches and pickets. This right shall apply to government property open to the public, even if the property is only temporarily open for a public event.

Article 3 Petition

Every person shall have the right to submit petitions in writing to government authorities or private business entities. Government bodies or officials must respond in writing to such petitions within a reasonable period of time, which shall not exceed 7 days.

Article 4 Freedom of Religion

Every person has the sovereign right of freedom of religion and to choose his or her own religious beliefs. No person may be prosecuted or discriminated against simply for holding a certain belief. Neo-Eruean Government shall not establish or require a particular religion or belief, within in Neo-Erusean land.

Article 5 Equality

Every person is equal before the law and have equal rights and share the right to individual national sovereignty and dignity. Every person is entitled to equal protection under law, and no nation shall be prejudiced or favored.

Article 6 Fair Procedure

Every person is entitled to fair procedures to safeguard his or her rights. No person may be deprived of liberty, or property without due process of law. Administrative and judicial actions must be lawful and procedurally fair. Every person has been adversely affected by administrative or judicial action has the right to be given written reasons, including the applicable law relied upon by the decision maker. All judicial appellate rulings shall be published in writing and post so that they are freely available to all.

Article 7 Independent Judiciary

In addition to the persons themselves, judges are the guardians of these rights. Judges must be independent and impartial at all times. No person shall give nor shall any judge receive any gift or service other than those available to all persons. No person as party to a case, nor any person acting on their behalf, may speak to a judge about a case without the presence of, or at least knowledge of, the other party. Governmental Officials, their agents, or other third parties also may not contact a judge regarding a pending matter. Any judge found to have improperly received gifts or services not available to all persons shall lose his or her judicial position, and become subject to penalties, as defined by law. Judicial independence shall be maintained.
Recognizing that the rule of law in person benefits the citizens all persons, shall recognize and support the Court as described and implemented.
The judiciary shall establish the procedures applicable to their duty.

Article 8 Search and Seizure

Every person is protected from unreasonable searches and seizures of their being and property. Searches and seizures must be authorized by a court or high ranking FF official.

Article 9 Arrest

No person shall be censured, sanctioned or ejected without a government warrant stating the reasons. Such warrant must be served upon him or her, via e-mail, IM, or phone call at the moment of censure, sanction or ejection unless the person is contacted during or shortly after the commission of a crime and there is evidence linking them to the crime. Every person shall be informed at the time of the censure, sanction or ejection of the right to consult a lawyer without delay and to use adequate facilities to prepare a defense, unless such action is the result of a Court Order.
Every person shall have the right to be publicly charged in a courtroom open to the public, including the news media, and to have the validity of the censure, sanction or ejection determined within 5 days. He or she shall be released if the censure, sanction or ejection is not lawful. The defendant person’s, trial shall commence not more than 30 days from the date of arrest. Provided that a defendant, person can show that there is no genuine risk that he or she will not appear at trial, the defendant person shall be released pending trial unless it can be shown that they are a danger to others, in such case of a danger to others, censure, sanction or ejection, shall be affected promptly.

Article 10 Fair Trial

Every person who is charged with any criminal offense, as defined by violation of this Article, Judicial Decision or Current Neo-Erusea Law, has the right to a fair public hearing by an independent and impartial court and counsel to represent them. Every person charged has the right to be presumed innocent until proven guilty according to law and every person one shall have the right to a trial by jury of not less than 3 of his or her fellow Neo-Erusea citizens when the penalty for the offense could be ejection for more than 30 days. A jury decision to convict shall be based on a simple majority.
Every person accused of a crime, as defined by violation of this Bill of Right, Judicial Decision or Current Neo-Erusea law has the right not to be compelled to be a witness or to confess guilt as well as the right to be present at the trial, to be heard, and to present a defense including the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defense under the same conditions as the prosecution.
Every person accused of a crime, as defined by violation of this Article, Judicial Decision or Current Nep-Erusea law shall have the right to have the free assistance of an interpreter if he or she cannot understand or speak the language used in court. No one shall be convicted of any offense for any act or omission which did not constitute an offense under the law at the time it occurred. If convicted of an offense, every person has the right to appeal to a hearing in a higher court. No one who has been finally acquitted, convicted of, or pardoned for an offense shall be tried or punished for it again; nor may punishment be more severe than punishment in force at the time the crime was committed.

Article 11 Life, Personal Freedom, Security

Every person has the right to personal freedom, and security within Neo-Erusea. Any person, foreigner or Regional Representative urging or promoting violence, insurrection, raiding, grief, unprovoked aggression and related harms against Persons or Nations based upon race, religion, sex or politics are held subject to and may be arrested and/or executed immediately without prior notice.

Article 12 Culture

Every person has a right to his or her sovereign cultural identity, including the right to use his or her own language and engage in his or her own cultural traditions without prejudicing the traditions of other Neo-Erusea. The Neo-Erusea Government, however, may require use of particular languages.

Article 13 Citizenship

A person may not be deprived of citizenship. Neo-Erusea persons have the responsibility to share in the responsibility and burden of maintaining participation in Neo-Erusea. Every person has the right to freedom of movement within Neo-Erusea.

Article 14 Privacy

Every person shall have the right to privacy and sovereignty within his or her property. This right includes all communications between persons, in public or private that they intend to keep confidential. Eavesdropping is forbidden without a government order as part of a criminal investigation.

Article 15 Information

Every person has a right to access, obtain, and correct information collected about them by the government, or by any person or entity, unless such information is part of a criminal investigation or prosecution.

Article 16 Intellectual Property

Every person has the right to engage in cultural, artistic and scientific fields and to benefit there from. Authors have exclusive Neo-Erusean rights to use, publish or reproduce their works in Neo-Erusea. Patents and copyrights are protected and recognized by all people and all entities. All material presented within Neo-Erusea, is so presented understand that an implied permission has been given to the Neo-Erusean Government for historical record.

Article 17 Habeas Corpus

Every person accused of a crime has the right to a public hearing before a court if he or she makes a claim of being accused in violation of the Articles of Allegiance, Judicial Decision or Current Neo-Erusea Law, even if he or she has been convicted pursuant to court processes, in another matter. All possibilities for appeal within Neo-Erusea must be exhausted.

Article 18 Responsibility for Violation of Rights

Any person, or public official, agent or employee of the Neo-Erusea Government, who violates the rights of another person and/or entity is subject to charges for the violation of the said rights. All government bodies are liable under Neo-Erusea Law for actions or omissions made by government officials, agents or employees in the exercise of their functions which result in violations of the rights set forth herein.

Article 19 Trial for Violation of Rights

Any person that claims a violation of this Neo-Erusea Bill of Rights by government officials, agents, or employees or any Neo-Erusea person, shall have a right to trial by a jury of at least 3 of his or her fellow citizens. The jury shall decide liability and damages and need not be unanimous.

The Judiciary

Article 20 Composition of the Court

The Neo-Erusean Court: The Court shall be comprised of no less than 2 justices who shall consider claims brought this Article, Judicial Decision or Current Neo-Erusea law. The nomination of judges shall be made by any person that is a citizen of Neo-Erusea and residing in Neo-Erusea and judges shall be appointed by a majority vote of the Politburo. Consideration shall be given to person in national participation, age, and political backround.

Article 21 Location of the Court

The Neo-Erusean Court shall be located in Farbanti. The Court shall have a 30 day calendar with all cases decided by written opinion within the same 30 day session in which they are considered. Cases are heard by 2 judges, with a right of review and comment by a hearing of The Politburo and other elected officials.

Article 22 Terms of Service for Justices

The judges' terms for the Neo-Erusea Court shall be 4 months. No judge may serve more than two terms. Judges appointed due to midterm removal of a sitting judge two complete terms may be served.

Article 23 Application

The rights included in this Article may be raised by Foreign Nations before the Neo-Erusea Court. The courts in each Nation with jurisdiction to consider claims brought under the Constitution of that region shall also consider claims brought before the Neo-Erusea Court heard under the provisions of this Article, Judicial Decision or Current Neo-Erusea Law.

Article 24 Claims First Brought in Country of Origin

Cases shall be brought to the Neo-Erusea Court and any person shall have standing to bring any claim on behalf of themselves or others, if they allege that there has been a violation of this Article. No claim of a violation may be brought before the Neo-Erusea Court until the claim has first been applied for and posted in the Neo-Erusea Court Docket. Appeals and claims must first be made to the nations involved before review will be made by the Neo-Erusea Court. Exceptions may be made upon a strong and convincing showing that redress from the nation court is impracticable or injurious.

Sub Article 24A Claims First Brought by Allied Nations

That for injuries done by persons in either Nation, no private revenge or retaliation shall take place; but, instead thereof, complaint shall be made by the party injured to the other: BY the Neo-Erusea to the Senate of The Allied Nation or other Governmental Body appointed; BY Neo-Erusea, to the Politburo of Neo-Erusea or other Governmental Body appointed. And such prudent measures shall then be pursued as shall be necessary to preserve our peace and friendship unbroken.

Article 25 Supremacy of Law

This Neo-Erusea Articles of Allegiance establishes a minimum standard to which all people are entitled. These laws are superior to any law that conflicts with them. All Neo-Erusean persons shall uphold the Articles of Allegiance and shall declare as illegal any law, other legal act, or procedure that violates the rights stated herein.

Article 26 Decision Making by the Court

The Neo-Erusea Court shall set its own procedures for the consideration of cases. There is no automatic right of appeal before the Court. The Court shall select the cases it hears through meetings in closed session wherein 1 of the judges agrees the case should be heard. Once a case has been selected, oral argument shall be the norm and a written decision shall be published in an official reporter. Dissenting opinions shall also be published and each judge may write separately or join in an opinion by the other Judge. Both Judges may be assisted by at law clerk selected by the judge.

Article 27 Enforcement of Decisions

Decisions of the Neo-Erusea Court are enforceable. Failure to comply with the decisions of the Court may result in arrest, and other measures as provided for in the Neo-Erusea Laws.

Other Provisions

Article 28 Exceptions and Exclusions from the Bill Of rights

The exception this Article, in Articles 1-27, is that any Neo-Erusean Person, Foreign Person or Regional Representative urging or promoting sedition against the government of Neo-Erusea are subject to immediate arrest and/or execution.

Article 29 Amendments

This Bill of Right may be amended by Legislative Session for the sole purpose of further refining it into a more perfected document. No amendment shall be made which lessens or weaken the intent and purpose of this document.

Conclusion

We hereby affix our signature to this document. Attest, that this Document shall be recognized as the legal and official Articles of Allegiance of The Glorious Republic of Neo-Erusea.

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