Law:The Article XIX Amendment

44RZ11: The Article XIX Amendment

WHEREAS there are many things about good or evil of which reasonable people, and rational governments, can and do disagree, and

WHEREAS in a great many of these disputes, there is no need for the Kingdom of Talossa to take sides, and

WHEREAS there is the potential of great harm to the Kingdom if it does, or is seen to, take sides unnecessarily in such disputes,

THEREFORE the Ziu of the Kingdom of Talossa hereby recommends that the following amendment to Organic Law be ratified by the citizenry in referendum:

That Article XIX of the Organic Law (Covenant of Rights and Freedoms) be replaced in full with the following text:

Preamble. The Covenant of Rights and Freedoms guarantees the rights and freedoms set out in them to all Talossan citizens, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. These Covenants shall be interpreted in a manner consistent with Talossan custom and tradition, and with the aim in mind of preserving and enhancing the ethnic heritage of the Talossan nation and the peace, order, and good government for the Kingdom of Talossa.

First Covenant. No law shall exist abridging the freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication except in case of public order or morals. Censorship shall never exist in Talossa; every person may freely speak, write and publish his sentiments on all subjects, being responsible for the libelous abuse of that right.

Second Covenant. No discrimination, affirmative action schemes, or preferential treatment shall exist within the Kingdom of Talossa on the grounds of race, colour, class, nobility, sex, sexual orientation, gender identity, age, religion, beliefs, language, or any other physical or societal parameters of any kind whatsoever, except as provided for elsewhere in this Organic Law. No religious or ideological organisation shall be "established" by law. Separate consideration on the basis of sex may only exist in cases of propriety.

Third Covenant. Talossans have the right to peaceful assembly whether in private facilities or in the open air, provided that such assembly neither disrupts traffic or legal commercial activity, or unduly inconveniences people. Talossans have the right to freely organize political parties and other organizations, subject to their own laws of membership, and this right may not be abridged except with regards to organizations which advocate the use of violence or intimidation to attain political or other ends, or which seek to restrain any person or group of people from the exercise of their rights as granted under these Covenants.

Fourth Covenant. Under the principle that "A Man's Room is His Kingdom," the right of the people to privacy and security in their persons, homes, papers, correspondence, and property, against unreasonable searches and seizures, shall not be violated. The privilege of the writ of habeas corpus shall not be suspended. No person may be arrested or detained without a warrant issued by a judge, except in cases of flagrante delicto. No warrants shall be issued except on probable cause, and must particularly describe the place to be searched and the person or things to be seized. The right to privacy for public figures must be balanced by the public's right to know, in matters affecting politics, elections, campaigns, and governing. The intentional withholding of political information which reasonable voters might find helpful, profitable, or informative, violates the public's right to know.

Fifth Covenant. Any person charged with an offence shall be presumed innocent until proven guilty, and has the right to request information on his legal rights. No accused person shall be twice put in jeopardy of life, liberty, or property for the same offence, or without due process of law; nor shall any citizen be compelled in any criminal case to bear witness against himself. Excessive fines, and cruel and bizarre punishments, shall not be inflicted.

Sixth Covenant. Liberty consists of any action which is not detrimental to others, and no right herein enumerated, or elsewhere recognised by the Cosâ, shall extend to anyone engaged in activities which injure, endanger, risk or compromise the physical health, privacy, or tranquility of other persons through the pretended exercise of said right.

Seventh Covenant. No person shall be found guilty on account of any act or omission, unless, at the time of the act or omission, it constituted an offence under Talossan or international law, or was criminal according to the general principles of law recognized by the community of civilized nations, as interpreted by Talossan courts in line with Talossan traditions and needs.

Eighth Covenant. Talossa shall never tax nor purport to tax, unduly burden, outlaw or abridge for its citizens any right to acts of: peaceful assembly; religious worship or affiliation; political speech or expression or affiliation; religious or historical or scientific or philosophical belief; abortion (being the freely conscious ability for a woman to make a determination on the continuation of her pregnancy); consensual sexual activity (between two consenting people of an age of responsibility); contraception; marriage (between consenting adults regardless of their sex, unless they are consanguineous up to the fourth degree of relationship), civil unions (and equivalents); divorce; adoption; advance health care directives; attempted suicide; euthanasia; the reading of any book; and the writing or use of any language. Neither shall any person be made to answer in any Talossan court for the alleged, admitted, or actual violation of any foreign law restricting or denying any right to or forbidding any act enumerated above.

Ninth Covenant. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury or tribunal of the Crown. The accused shall have the right to be informed of the nature and cause of the accusation, to confront the witnesses against him, and to have subpoena power to obtain witnesses in his favour. The accused has the right to have the assistance of counsel for his defence.

Tenth Covenant. Anyone whose rights and freedoms, as guaranteed by these Covenants, have been infringed or denied may appeal to a court of competent jurisdiction to obtain such redress of grievances as the court considers appropriate and just in the circumstances, but the award granted to the plaintiff for punitive damages shall not exceed that granted for compensatory damages.

Eleventh Covenant. Where, in the course of a trial, a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by these Covenants, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Twelfth Covenant. Talossan citizenship can only be lost by a citizen's voluntary renunciation of citizenship, or as punishment for a crime determined by the Uppermost Cort, or as a result of relevant electoral or census law.

Thirteenth Covenant. The enumeration of rights and freedoms in these Covenants shall not be construed to deny or disparage other rights retained by the people. Powers not delegated by law to the Crown, to the Government, to the courts, to the Provinces or Territories, or to legal state organs established thereunder, are held by the Talossan people.

Noi urent q'estadra sa,

Rt. Hon. Owen Edwards (MC-CSPP)
Sir Mick Preston (Senator-Maritimii-Maxhestic)
Gluc da Dhi (Senator-Cézembre)
Rt. Hon. Eovart Grischun (MC-CSPP)
Munditenens Tresplet (MC-RUMP)
Most Hon. Ma la Mha, Baron Hooligan (MC-RUMP)
Vitxalmour Conductour (MC-RUMP)
Iason Taiwos (Senator-Benito)
Flip Molinar (MC-CSPP)
Sir Iusti Canun (Senator-Maricopa)
Rt. Hon. Viteu Marcianüs (Senator-Vuode)