We are working on a brand new version of the game! If you want to stay informed, read our blog and register for our mailing list.
Bill: Hulstrian Statute of Rights
Details
Submitted by[?]: Wiedervereinigten Nationalisten
Status[?]: passed
Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: March 2652
Description[?]:
| REALISING that all citizens are entitled to basic rights, protections, and freedoms under the law which are fundamental and uninfringeable; RECOGNISING that such rights, protections, and freedoms have not always been adequately delivered by the successive administrations of this country; DECLARING our intention to ensure that such rights, freedoms, and protections are in future guaranteed to all Hulstrians; ACKNOWLEDGING the role of our sacred traditions and our firm belief in God in the development of our country and establishing our deep respect for the rights and liberties laid out under this Act; REAFFIRMING unending loyalty to His Imperial Majesty the Emperor of Hulstria and his heirs and successors as defined by law; and RECOGNISING the role of His Imperial Majesty the Emperor of Hulstria as a guardian of the fundamental rights and protections laid out under this Act; Be it enacted upon the Emperor’s most Illustrious and Lutheran Majesty, by and with the advice and consent of the representatives of the people of Greater Hulstria, in this present Imperial Diet assembled: An Act to make Provision for the Recognition and Promotion of the Fundamental Rights, Protections, and Liberties accorded to all Subjects of the Imperial Crown. PART I - BASIC PROVISIONS 1. Both the Imperial Government and the Crownlands and all agencies and subdivisions thereof must respect, protect, promote, and fulfil the rights and other provisions made applicable under this Act. 2. This Act may be cited as the Hulstrian Statute of Rights. 3. Unless otherwise specifically stated, the terms “subject”, “citizen”, and “Subject of the Imperial Crown” all refer to citizens of the Imperial Crownlands of Greater Hulstria. 4. Unless otherwise specifically stated, the term “State” refers to the Imperial Crownlands of Greater Hulstria and its government. PART II - EQUALITY AND NONDISCRIMINATION 1. Everyone is equal under and before the law and is entitled to equal protection and benefit under the law, including but not limited to the rights and liberties laid out in this Act. 2. No-one may be unfairly discriminated against by the government, either directly or indirectly, on the basis of race, religious affiliation or conscience, gender, sexual orientation, ethnic or social origins, colour, culture, or disability. 3. Without derogating from the generality of Section 2 of this Part, neither the Imperial Government nor any Crownland government shall withhold or otherwise deny any rights, benefits, or protections to citizens on the base of race, religious affiliation or conscience, gender, sexual orientation, ethnic or social origins, colour, culture, or disability. 4. Nothing in this Part shall be construed so as to legitimise cults or other subversive groups or otherwise allow for such groups and organisations to claim benefits or rights under that section. 5. Nothing in this Part shall be construed so as to prevent the Imperial Diet for enacting laws or measures, or the Imperial or Crownland governments from implementing executive policies, which are reasonably considered to be vital for the security of the State and people of Greater Hulstria. PART III - FREEDOMS OF CONSCIENCE, EXPRESSION, AND ASSOCIATION 1. All citizens are entitled to the fundamental freedom of religious conscience, and to practise their religion openly and without harassment or persecution from the government or any governmental agencies or subdivisions, unless such practices are deemed to be contrary to the public welfare. 2. The right of legitimate religious organisations to exist and evangelise freely without improper interference from the government shall not be abridged. 3. In addition to the rights laid out in Section 1 of this Part, all citizens are entitled to change and develop their religious consciences or affiliations without harassment or other persecution from the government or any governmental agencies or subdivisions. 4. Nothing in Sections 1, 2, or 3 of this Part, nor any other passage in this Act, shall be construed or otherwise interpreted so as to remove or otherwise limit the right of the Imperial Diet to establish a particular church as the state church of Greater Hulstria, provided that such an establishment does not contravene the fundamental freedom of religious conscience laid out in the aforementioned sections. 5. Religious observances and manifestations may be conducted at state-operated or state-sanctioned institutions or other properties provided that such observances and manifestations do not explicitly violate the freedom of religious conscience of individual citizens by placing such citizens under any form of compulsion or obligation. 6. All citizens are entitled to the fundamental freedom of conscience and to form and hold opinions and beliefs, including but not limited to political and social opinions and beliefs, without improper interference from the government or any governmental agencies or subdivisions, unless such beliefs threaten, or have the strong potential to threaten, the public welfare or the security of the State. 7. All citizens are entitled to the fundamental freedom of speech and expression, including but not limited to the expression of such beliefs, opinions, and consciences laid out in Sections 1 and 6 of this Part, unless such expressions or manifestations threaten, or have the strong potential to threaten, the public welfare, public order, or the security of the State. 8. Without derogating from the generality of Section 6 of this Part, the right of the people to organise and execute public demonstrations, whether political or otherwise, which do not contravene or otherwise threaten the public welfare or public order, shall be upheld. 9. Without derogating from the generality of Section 6 of this Part, the right of the press and other media to exist and operate freely, including in the proper dissemination of truthful information, without unreasonable government interference or censorship shall not be abridged. 10. All citizens are entitled to the fundamental freedom of association, including the right to found, organise, and join organisations or other groups, whether political or social or otherwise, unless such associations or organisations threaten, or have the strong potential to threaten, the public welfare, public order, or the security of the State. 11. The right of the citizens, or organisations acting on the behalf of citizens, to petition the government for the redressing of their grievances shall be upheld. PART IV - LEGAL AND POLITICAL RIGHTS 1. Everyone has the inalienable and fundamental right to life. 2. Everyone is entitled to freedom and security of the person, which includes the right not to be subjected to search or seizure of the person or property without just cause, the freedom from arbitrary imprisonment or other deprivation of freedom without due process of the law, and the freedom from cruel and inhumane punishment and the imposition of excessive bail. 3. The rights of all persons who are arrested on suspicion of committing a crime to be made aware of the charges being laid against him, to consult with an attorney or other legal counsel, to be presumed innocent until proven guilty by a court of law, and to be informed of these and other rights promptly and clearly shall be upheld. 4. All persons who stand accused of a crime have the right to a speedy, fair, and public trial and the right to appeal to decisions a higher court. 5. All citizens who have reached the legal age of majority have the right to vote in elections and stand as a candidate for public office as a registered member of a political party, unless such rights have been removed under reasonable legislation. 6. All citizens and other people lawfully established as residents of Greater Hulstria have freedom of movement throughout Greater Hulstria as well as the right to enter and leave Greater Hulstria, except where limited by reasonable legislation. PART V - PROPERTY AND ECONOMIC RIGHTS AND FREEDOMS 1. All citizens have the right to own and maintain property anywhere in Greater Hulstria and no-one may be arbitrarily and unfairly deprived of their property by the government. 2. All citizens have the right to pass on their property to their descendents and other benefactors of their choice through inheritance and likewise their descendents have the right to inherit such property. 3. The right of private businesses and other enterprises to form and exist without improper and excessive regulation by the State shall be upheld. 4. No-one may be forcibly evicted from their homes or other property or have such property demolished, whether by the government or other body, without an order by a court being made after taking into consideration all of the relevant circumstances. 5. Nothing in this Part shall be construed or otherwise interpreted so as to deny the rights of the State to intervene in the economy in a reasonable manner or to establish reasonable regulations to ensure the public welfare of the nation. PART VI - IMPERIAL HUMAN RIGHTS COMMISSION 1. To monitor and assess the state of human rights under this Act in Greater Hulstria and to promote the rights and freedoms laid out in this Act, the Imperial Human Rights Commission shall be established. 2. The Imperial Human Rights Commission shall consist of judges nominated by each political party in accordance with the provisions of this Act and shall investigate and report on questions arising under the interpretation and implementation of this Act and make recommendations to the Imperial Diet and the government as to the observance of the provisions of this Act. 3. Any political party represented in the Imperial Diet may request an advisory opinion of the Imperial Human Rights Commission on issues arising under this Act by putting forward a request, which should detail the complaint, to the Imperial Diet. If such a request receives the co-sponsorship of another political party, then the Imperial Human Rights Commission will be called. 4. After a request under Section 3 of this Article yields a co-sponsorship, then the political party which made the request, which shall be called the plaintiff, shall make a new venue in the Imperial Diet for political parties to nominate judges to the Imperial Human Rights Commission. 5. Each political party may nominate not more than one judge to serve on the Imperial Human Rights Commission. The nomination venue in the Imperial Diet must remain open for at least eight months. All nominations to the Imperial Human Rights Commission must be made within that period. 6. The nominated judges of the Imperial Human Rights Commission shall elect from their membership a Chief Justice to keep order in the venues and fulfil other obligations as required by this Act. The Chief Justice is elected upon receiving the vote of a plurality of the other judges of the Imperial Human Rights Commission. 7. After the nominations period has lapsed and a Chief Justice has been elected, the Chief Justice shall create a new venue within the Imperial Diet for the case to be heard by the Imperial Human Rights Commission. 8. The judges of the Imperial Human Rights Commission shall hear arguments on issues arising under this Act and must make a decision based on the legal merit of those arguments. However, although they may cite evidence from other pieces of national legislation, tradition, and international precedents, only the provisions of this Act and the Constitution shall be considered in the final decision. 9. In addition to the plaintiff party, the other political parties may make arguments before the Imperial Human Rights Commission on the issues at hand. 10. After the arguments have been heard, the Chief Justice shall put the matter up for a vote by the judges. The vote shall remain open to judges for at least eight months. After voting has been conducted, individual judges may author and publish, within the venue, their opinions on the case. 11. After the voting period has lapsed and sufficient time has been made for judges to author and publish their opinions, then the Chief Justice, or another judge, may make recommendations to the Imperial Diet or the government on changes to policy that should be made to bring such policies in line with the provisions of this Act. Those recommendations must be affirmed by a plurality of judges to be considered valid. |
Proposals
Debate
These messages have been posted to debate on this bill:
| Date | 03:38:29, October 12, 2008 CET | From |  Wiedervereinigten Nationalisten | To | Debating the Hulstrian Statute of Rights |
| Message | “Please read the proposed Statute of Rights and comment here on the provisions. I believe that I have adequately illustrated our commitment to human rights and I think that most parties here will support this. However, I still welcome all input and debate from all parties on the Statute of Rights.” -Christiaan van Rensburg Deputy Chairman of the HNP Minister of Justice DM for Graaffsberg North-West (OOC: Obviously Part VI will require roleplay to be carried out. Are you guys okay with this? Sorry if it's too long, I think I might've gotten carried away... : P ) |
| Date | 03:42:44, October 12, 2008 CET | From | Traditional Conservative's Party | To | Debating the Hulstrian Statute of Rights |
| Message | "We agree 100%!" Aleksander II von Scharnhorst Prince of Fehmarn Minister of Internal Affairs |
| Date | 03:48:57, October 12, 2008 CET | From | Konstitutionelle Monarchie Partei | To | Debating the Hulstrian Statute of Rights |
| Message | Seems pretty good, well thought out and written. I'm assuming if this gets majority vote, will there be any restriction on political parties to propose some laws that go against this? (Government taking land for corporate use or for any reason, police shooting at a crowd for no reason etc) Laws like that for example. |
| Date | 03:56:41, October 12, 2008 CET | From | Wiedervereinigten Nationalisten | To | Debating the Hulstrian Statute of Rights |
| Message | “The Act basically leaves it up to the government to interpret what violates the Statute. However, a political party can, under Part VI, call for the Imperial Human Rights Commission to investigate the issue and issue an advisory opinion detailing its conclusions. However, it is up to the Imperial Diet to remedy the situation. I believe that the negative press associated with the violation of the Statute of Rights would be sufficient pressure to ensure that this happens in most cases.” -Christiaan van Rensburg Deputy Chairman of the HNP Minister of Justice DM for Graaffsberg North-West (OOC: Unfortunately, the game mechanics don't allow for a specific law to be declared unconstitutional or unlawful, etc. So to accomodate this, I basically made it like the New Zealand Bill of Rights Act, but modified slightly. The Statute is theoretically above other laws because the government is required to adhere to its provisions. But I deliberately left it pretty vague and open to some interpretation so as to prevent extremely awkward situations of laws explicitly contravening the Statute. I actually think that the Imperial Human Rights Commission will lead to some very interesting RP.) |
| Date | 07:39:20, October 12, 2008 CET | From | Liberal Party of Hulstria | To | Debating the Hulstrian Statute of Rights |
| Message | The Liberal Party supports this Statute in its entirety |
| Date | 23:45:03, October 12, 2008 CET | From | Königstreue Sozialdemokrat 社会民主 | To | Debating the Hulstrian Statute of Rights |
| Message | Our party will support this Statute, though we recommend the addition of "disability" in Article II, Number 2. |
| Date | 05:42:13, October 13, 2008 CET | From | Konstitutionelle Monarchie Partei | To | Debating the Hulstrian Statute of Rights |
| Message | Let's go with it then, although I'm sure heads will be clashing not long after this will put in the records. |
| Date | 23:06:41, October 13, 2008 CET | From | Konstitutionelle Monarchie Partei | To | Debating the Hulstrian Statute of Rights |
| Message | That is a good thing by the way. |
subscribe to this discussion - unsubscribe
Voting
| Vote | Seats | |||||
| yes |
Total Seats: 399 | |||||
| no | Total Seats: 0 | |||||
| abstain |
Total Seats: 192 |
| Random fact: If there are no parties in your nation with seats, feel free to visit the forum and request an early election on the Early Election Requests thread: http://forum.particracy.net/viewtopic.php?f=11&t=4362 |
| Random quote: "I have no faith in political arithmetic." - Adam Smith |