Difference between revisions of "Carta Proposera di Libertà"

Revision as of 01:57, 5 November 2005

La Carta Proposera di Libertà della Repubblica Pacitaliana (Short/common form: La Carta Proposera di Libertà, English: Guaranteed Rights and Liberties Charter of Pacitalia) is the written section of Pacitalia's national constitution. Unlike other constitutions where the scenario is reversed, major parts of the constitution are known as sections, subdivisions of each section are known as paragraphs, and individual clauses or lines are known as articles.

Preamble

We, the Citizens of the Federated, Democratic Capitalist Republic of Pacitalia and her territories, pursuant to the Sufficient Purpose to guarantee the Rights, Liberties, Freedoms, Responsibilities and Properties of the Individuals of the Nation, hereby Write and Legally Establish this Constitution for the Nation and Individuals of Pacitalia. (PA)

Section I - Rights and Responsibilities of the Population (Citizens)

Paragraph i - Responsibilities and Societal Position

• All Citizens(1) of the Republic of Pacitalia are equal before and upon the national judicial law. (S1P1-1)
• All Citizens have a Responsibility to follow the laws set out in the Charter of the Judiciary, the Official Law of the Land, in cooperation with the guidelines set in this, the Guaranteed Rights and Liberties Charter of Pacitalia, which serves as the Official National Constitution and sets the Rules and Regulations pertaining to Civil Liberties, Governance of the Federal Population and Electorate, and Economic Laws and Regulations, including Taxation. (S1P1-2)
• All Citizens have a Responsibility to uphold the Laws of the Land. (S1P1-3)

Paragraph ii - Rights

• In coordination with an Individual's Responsibilities, all Citizens of the Republic of Pacitalia have the unbreakable Right to Protection and Safety under the Charter of the Judiciary. (S1P2-1)
• All Citizens have the unbreakable Right to Fair Treatment based on the Rights provided to Individuals in the Charter of the Judiciary. (S1P2-2)
• The Guaranteed Rights and Liberties Charter of Pacitalia Guarantees the Rights and Freedoms set out in it subject only to such reasonable Limits prescribed by Law as can be demonstrably justified in a free and democratic Society. (S1P2-3)

Paragraph iii - Fundamental Freedoms

General and non-categorical rights and freedoms

• Every Individual(2) Citizen of Pacitalia has the following fundamental freedoms: (S1P3-1)

• freedom of conscience and religion. (S1P3-1-1)
• freedom of thought, belief, opinion and expression. (S1P3-1-2)
• freedom of the press and other media of communication. (S1P3-1-3)
• freedom of peaceful assembly and protest of Government or Commercial Action. (S1P3-1-4)
• freedom of association with other Individuals and/or Groups (S1P3-1-5)

• Every Individual Legal(3) Citizen has the right to vote in an Election of the Members of a federal, provincial and/or municipal legislative and/or executive Authority, and to be qualified for Membership or Status therein. (S1P3-2)
• Every Citizen of Pacitalia has the Right to enter, remain in and leave Pacitalia. (S1P3-3)
• Every Citizen of Pacitalia, and every Person(4) who has the Status of a Permanent Resident of Pacitalia, has the Right to: (S1P3-4)

• move to and take up Residence in any Province or Sovereign Territory of Pacitalia. (S1P3-4-1)
• pursue the gaining of Sustainable Livelihood (Employment) in any Province or Sovereign Territory of Pacitalia. (S1P3-4-2)

• The Rights specified in Articles Three and Four of this Paragraph are subject to (S1P3-5)

• any Laws or Practices of general Application in force in a Province other than those that discriminate among Persons primarily on the basis of Province of present or previous Residence. (S1P3-5-1)
• any Laws providing for reasonable Residency requirements as a Qualification for the receipt of social services. (S1P3-5-2)

• Every Citizen has the Right to Life, Liberty and Security of their Person and the Right not to be deprived thereof except in accordance with the Principles of fundamental Justice as defined by the Charter of the Judiciary. (S1P3-6)

Legal rights and freedoms

• Every Citizen has the Right to be secure against unreasonable search or seizure of Property(5) owned Legally by the Individual. (S1P3-7)
• Every Citizen has the Right to be secure against arbitrary Detention or Incarceration of their Person pursuant to an invalid Reason to do so by the Designated Authority and Upholder of the Laws of any jurisdiction. (S1P3-8)
• In the event of legitimate Arrest and/or Detention, Every Citizen has the Right to: (S1P3-9)

• retain and instruct Legal Counsel without any force of Delay by the Designated Authority and Upholder of the Laws of Jurisdiction. (S1P3-9-1)
• have the Validity of the Detention determined by way of habeas corpus. (S1P3-9-2)

• Every Citizen has the Right to a fair and unobstructed Trial to prove their Innocence(6) or uphold their suspected Guilt(7) in a Criminal Act as defined by the Charter of the Judiciary. (S1P3-10)
• Every Citizen has the Right to be secure against Cruelty resulting from unusual acts of physical and mental Punishment and Torture, such acts of inhumanity being defined by the Charter of the Judiciary. (S1P3-11)
• Every Citizen has the Right to Abstain from revealing his/her Involvement in a Criminal Act upon his/her Arrest and/or Detention by the Designated Authority and Upholder of the Laws of Jurisdiction until such time as: (S1P3-12)

• he/she has Legal Counsel capable of performing such Responsibilities on his/her behalf. (S1P3-12-1)
• he/she has no other Options available to pursue. (S1P3-12-2)
• he/she has no other Options but to plead Guilty to the charges against him/her. (S1P3-12-3)
• he/she has been proven Guilty in a court of Law. (S1P3-12-4)

• In the event the Citizen does not have the Ability to Communicate in one of the two designated Official Languages(8) of the Republic of Pacitalia, he/she has the Right to an Interpreter in order to properly Communicate the Charges and/or Accusations against him/her. (S1P3-13)

Linguistic rights and freedoms

• Every Citizen has a Responsibility to be Fluent in one of the two Official Languages of the Republic of Pacitalia, but in addition, has the Right to be Fluent in an unlimited amount of Non-Official Languages pursuant to their Cultural and Ancestral Background(9), their Education, their Interests(10) or their Occupation(11). (S1P3-14)
• Differences in Language and Culture shall not separate Pacitalia into Structures of differing Individual Importance to the Nation's Society. No Citizen shall be above another Citizen based on his/her Race, Religion or Original Tongue(12). (S1P3-15)
• Members, and Guests qualified as Citizens of Pacitalia, of municipal, provincial and federal Legislative Activities, have the Right to Speak in either of the Official Languages of Pacitalia during Deliberationary Sessions of Legislation. (S1P3-16)
• Citizens have the Right to the Ability to view the Statutes and Proceedings, of any Level of Legislative Authority, in either of the Official Languages of Pacitalia. (S1P3-17)
• Citizens have the Right to Communication and Service to and from any Level of Government in either of the Official Languages of Pacitalia, or in any Language spoken by a Constituent Population of no less than five percent of the total National Population. (S1P3-18)
• Citizens have the Right to be continually Educated(13) in their preferred Official Language. (S1P3-19)

Personal enforcement of rights and freedoms

• Any Citizen whose Rights or Freedoms, as Guaranteed by this Charter, have been Infringed or Denied may apply to a Court of Applicable Jurisdiction to obtain such Remedy as the Court considers Appropriate and Just in the circumstances. (S1P3-20)

Other rights and freedoms

• The Guarantee in this Charter of certain Rights and Freedoms shall not be construed as denying the Existence of any other Rights or Freedoms that exist in Pacitalia. (S1P3-21)
• The Charter shall be interpreted as being Subservient to every Citizen, in a wholly and truly Multicultural context. (S1P3-22)
• All Rights defined heretofore in the Charter are Guaranteed to apply to both Men and Women. A Violation of this shall be dealt with by the Disenfranchised Citizen invoking Article Twenty. (S1P3-23)
• Institutions of Education within Pacitalian sovereign boundaries using a religious curriculum shall have their Rights to Instruct guaranteed by the Charter. (S1P3-24)

Paragraph iv - Rights and Responsibilities of Visitors and non-Citizens

• All Visitors to and non-Citizens of this Country are subject to the Laws for Non-Citizens and Visitors as defined in the Charter of the Judiciary. (S1P4-1)
• All Visitors to this Country are subject to the Laws of Customs, Excise and Immigration as defined by the Ministry of Customs and Immigration. (S1P4-2)
• A Visitor shall be defined as an Individual who has no official Permanent Documentation pursuant to Residency Regulations in Pacitalia, but holds Legal Temporary Documentation pursuant to Customs and Immigration Regulations in Pacitalia, such as: (S1P4-3)

• a valid Passport(14) of another Nation that has Clearance from the Ministry of Customs and Immigration for its Citizens and/or Residents to enter/exit Pacitalia. (S1P4-3-1)
• a valid Visa(15) of Employment, Education, Short-Term Residency, Long-Term Residency or Medical Treatment. (S1P4-3-2)

• Visitors and non-Citizens that commit Criminal Acts defined in the Charter of the Judiciary, while within the sovereign boundaries of Pacitalia, shall be subject to the same Laws as Citizens, but the Punishments, Consequences, Responsibilities and Implications shall be far greater. (S1P4-4)
• Visitors and non-Citizens that commit Criminal Acts shall have the same Rights as Citizens in relation to a Citizen's Legal Rights as defined in Paragraph Three of Section One of this Charter. (S1P4-5)
• However, Visitors and non-Citizens shall not have the Right to Invoke Article Seven of the Paragraph in question. (S1P4-6)
• The Government and its respective Authorities reserve the Right to deport Violators of Pacitalian Laws. (S1P4-7)
• The Government and its respective Authorities reserve the Right to extradite Violators of Laws of other Nations upon the Request of the Nation in question in which a Criminal Act(s) was/were committed. (S1P4-8)
• The Government and its respective Authorities are not responsible for the Health and Safety of Criminals seeking Refuge within Pacitalian borders. (S1P4-9)
• The Government and its respective Authorities shall not be responsible for the Capture and Incarceration of Extranational Criminals unless a Formal Request is submitted from the Nation in question. (S1P4-10)

Section II - Governance

Paragraph i - Executive powers

• Main executive power shall be vested in a Prime Minister. (S2P1-1)
• The Prime Minister shall be defined as the Head of State(16) and Head of Government(17) for the Federal Government of Pacitalia. (S2P1-2)
• A Prime Minister shall serve a maximum of four years per Term, but shall not be limited to a maximum Amount of servable Terms. (S2P1-3)
• Two Deputy Prime Ministers shall be appointed by the Prime Minister as members of a Cabinet in order to assist the Prime Minister in leading the Country and the Government. The more integral and important of the two shall be known as the Senior Deputy Prime Minister, the lesser as the Junior Deputy Prime Minister. (S2P1-4)
• Upon the Death, Resignation or Removal of the Prime Minister from power, the Senior Deputy Prime Minister shall, in the Interim, assume the duties of Prime Minister until such time as a General Election can be held and a Permanent Replacement selected by the Eligible Voting Public(18). (S2P1-5)
• The Junior Deputy Prime Minister shall assume the duties of Senior Deputy Prime Minister until an Election can be held and a Permanent Prime Minister selects new Deputy Prime Ministers. (S2P1-6)
• A free-form Cabinet(19) shall Supervise the daily Functions and Needs of the Country. Members of the Cabinet will be appointed by the Prime Minister, and shall assume the Title of Agustinate(20) of [portfolio]. (S2P1-7)
• The Prime Minister shall not be Restricted to selecting Agustinates from his/her own Party Caucus, or from Parties of similar Political Beliefs. Any Citizen of Pacitalia is Qualified for Selection as an Agustinate. However, in order to Protect the Integrity and Productivity of the Cabinet, The Prime Minister shall not be Permitted to Select Agustinates from Parties in a position of Opposition to the Governing Party. (S2P1-8)
• The Prime Minister and Agustinate of Defence shall conjunctively perform the Duties of Commander-in-Chief of Pacitalia's armed, naval, air and special forces. (S2P1-9)
• If any Children of the Prime Minister are Captured or Placed in a situation of Danger, the Prime Minister shall reserve the Right to kick Ass as defined by the Charter of the Judiciary. (S2P1-10)

=== Paragraph ii -

Section III - Cultural Definitions

Section IV - Economic Regulations

Section V - Effectiveness and authority

• This Charter fully and completely applies to

• the federal governing Authority of the Democratic Capitalist Republic of Pacitalia, in respect to all Matters within the Authority of the Legislative Branch of the Government, including all Matters relating to non-provincial Jurisdictions. (S5-1)
• the Legislature and Government of each Province and Municipality, in respect to all Matters within the Authority of the Legislature of each Province and Municipality. (S5-2)

Footnotes

1. Citizen: (a) a naturalised or original resident of the country holding official documentation of birth within the sovereign territory of Pacitalia, or permanent citizenship; (b) any persons who have not necessarily obtained citizenship or naturalised status at any time, but have resided within Pacitalia for a minimum of six (6) months; or (c) an employed, and thusly registered, person.
2. Individual: one single person, one human being of either the male or female sex, of any age, race, religion or creed.
3. Legal.
   1) In the case of markup three (3): those persons of (a) Pacitalian citizenship; (b) Pacitalian residency of a minimum of six (6) months; or (c) Permanent residency in one address within Pacitalia for a minimum of thirty (30) days. As well as fulfilling at least one of the aforementioned qualifications, titled Legal Individuals must be at least twenty (20) years of age.
   2) In the case of footnote five (5): legitimate methods to obtaining items defined as Property.
4. Person: defined as anyone, of any age, race, religion, creed or sex, legally permitted to exit and enter their home nation as defined by that nation's constitutional freedoms and permissions as well as through judicial decisions (a criminal record that does not include serious capital offences in the country in which the act(s) was/were committed). It also includes the terms Individual, Legal and Citizen for residents, citizens and non-resident workers of Pacitalia.
5. Property: deeds, titles, services or goods purchased through the transaction of monetary or financial method to become legal (see F3-2 for definition of legal) owners of such items.
6. Innocence: the legal exemption or non-participation in a Criminal Act defined by the Charter of the Judiciary.
7. Guilt: implicated responsibility, association or participation in a Criminal Act defined by the Charter of the Judiciary.
8. Official Languages: Pacitalian and English.
9. Cultural and Ancestral Background: The heritage and ancestry of an individual (see F2 for a definition of Individual) which may or may not define his/her familiar language, race, creed and/or religion.
10. Interests: Legitimate personal desires, hobbies or pursuits legally protected by Section I, Paragraph iii, Article 1. Interests, such defined, must not violate the Charter of the Judiciary through harm of other persons, cultures and/or groups.
11. Occupation: That which is defined as a field of work benefited by an individual's legal employment, inside the sovereign boundaries of Pacitalia, in order to gain financial security and personal livelihood.
12. Original Tongue: The first language learned by an individual, whether an official language (F8) or not.
13. Educated: Instruction of a curriculum as defined by the federal Ministry of Education.
14. Passport: A valid, size-regulated booklet of documentation that allows the holder to travel virtually unrestricted to other nations for short-term periods, such periods' definitions pursuant to the immigration and customs laws of the visited countries in question.
15. Visa: A valid set of papers that allows the holder to stay in single countries for longer periods of time than limits set on passports (F14). Employment visas allow non-residents, visitors or non-Citizens to work legally in Pacitalia. Education visas allow the same classifications of people post-secondary education in Pacitalia, but must be renewed at the end of every full year of study. Short-term and long-term residency visas allow persons to live in Pacitalia for periods of less than or more than six (6) months, respectively. Medical treatment visas allow persons not able to obtain suitable medical care in their home country to enter Pacitalia for any period of time to seek the needed treatments.
16. Head of State: A figure who personifies the continuity and legitimacy of the state and exercises the political powers, functions and duties granted to the post in the country's constitution.
17. Head of Government: The leader of the government's legislative and/or executive branch and/or cabinet.
18. Eligible Voting Public: Sometimes referred to as the EVP, this refers to those who have the legal prerogative, as defined in Section 1, Paragraph iii, Article 2, to exercise a democratic right to elect members of any electable body of the three levels of government.
19. Free-form Cabinet: An executive body not restricted by a fixed number of positions or fixed types of positions (no positions are truly permanent, though positions like Defence, Education, Commerce and Health would never actually be scrapped).
20. Agustinate: pronounced ah-GOOSh-tin-ah-tay, derived from the Latin word augustinius, or a person in a position of power in government. Equivalent to a Minister or Secretary in other democratic or autocratic-totalitarian systems.

...to be continued - Pac