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Hashemite
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« Reply #1 on: November 09, 2008, 02:15:47 PM » |
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Article 5: Powers denied to the Parliament (proposed by D. Hordern [proposed as a replacement to Article 4 as proposed by S. Khan]) I. The Parliament of the Republic shall pass no law abridging the right to peaceably hold or express opinions.
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II. The Parliament of the Republic shall pass no law abridging the freedom of the media.
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III. The Parliament of the Republic shall pass no law abridging the right of peaceable assembly.
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IV. The Parliament of the Republic shall pass no law providing or denying support to private institutions on the basis of a religious affiliation.
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V. The Parliament of the Republic shall pass no law requiring an individual to join any organization.
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VI. The Parliament of the Republic shall pass no law discriminating between individuals on the basis of their gender.
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VII. The Parliament of the Republic shall pass no law discriminating between individuals on the basis of their ethnicity.
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VIII. The Parliament of the Republic shall pass no law discriminating between individuals on the basis of their religion.
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IX. The Parliament of the Republic shall pass no ex post facto law.
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X. The Parliament of the Republic shall pass no bill of attainder.
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XI. The Parliament of the Republic shall pass no law requiring defendants to provide evidence at trial.
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XII. The Parliament of the Republic shall pass no law requiring defendants to prove their innocence.
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XIII. The Parliament of the Republic shall pass no law imposing cruel or unusual punishment.
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XIV. The Parliament of the Republic shall pass no law allowing the involuntary servitude of any person to another person or a private entity.
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XV. The Parliament of the Republic shall pass no law restricting habeas corpus, save in time of war or insurrection.
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XVI. The Parliament of the Republic shall pass no law impairing contracts lawfully entered into.
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XVII. The Parliament of the Republic shall pass no law providing for the use of eminent domain, save for a public use and upon payment of fair compensation.
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Article 6: Rights of the Citizenry (Proposed by D. Hordern [proposed as a replacement to Article 4 as proposed by S. Khan]) All person born in Antillia of lawful residents, all persons who are citizens of Antillia at the adoption of this Constitution, and such other persons naturalized in accordance with the laws of Parliament shall be citizens of Antillia and, subject to such restrictions as are necessary for those not yet of full age or otherwise not fully competent to handle their own affairs, shall have the following rights:
I. Citizens of Antillia shall have the right to petition public officials.
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II. Citizens of Antillia shall have the right to their own culture and language.
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III. Citizens of Antillia shall have the right to an impartial, speedy, and public trial.
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IV. Citizens of Antillia shall have the right to trial by jury in all criminal or civil cases except where the maximum penalty or judgment is less than one-tenth of the annual wages of a person employed full time at a job paying the minimum wage.
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V. Citizens of Antillia shall have the right to be secure in their persons, papers, and places, save in case of imminent danger or upon a warrant issued for probable cause specifying each person, paper, or place to be searched or secured.
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VI. Citizens of Antillia shall have the right to competent counsel of their choice in any criminal proceeding.
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VII. Citizens of Antillia shall have the right to vote by secret ballot.
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VIII. Citizens of Antillia shall have the right to collectively organize for any peaceable purpose.
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IX. Citizens of Antillia shall have the right to travel to or reside in any place, whether domestic or foreign.
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X. Citizens of Antillia shall have the right to own property, both real and personal, on an individual, family, or corporate basis.
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XI. Citizens of Antillia shall have the right to work, to free choice of employment, to just and favourable conditions of work, and to protection against unemployment.
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XII. Citizens of Antillia shall have the right to equal pay for equal work.
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XIII. Citizens of Antillia shall have the right to just and favourable remuneration ensuring for themselves and their families an existence worthy of human dignity, including food, clothing, housing and medical care and necessary social services, and supplemented by other means of social protection in the event of unemployment, sickness, disability, death of a spouse, old age, or other lack of livelihood in circumstances beyond their control.
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XIV. Citizens of Antillia shall have the right to equal opportunity to employment in the public service in any capacity for which they are qualified to serve.
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XV. Citizens of Antillia shall have the right to form and to join trade unions for the protection of their interests.
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XVI. Citizens of Antillia shall have the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
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XVII. Citizens of Antillia shall have the right to marry and to found a family, but only with the free and full consent of the intending spouses.
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XVIII. Citizens of Antillia shall have the right to education, which shall be equally accessible to all on the basis of merit.
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XIX. Citizens of Antillia shall have the right to choose the kind of education that shall be given to their children.
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XX. Citizens of Antillia shall have the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which they are the author.
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==================================================================================== Article 7: Separation of Powers (Proposed by V. Prabhusanjil)
I. Incidental powers shall be considered those of the Parliament of the Republic, should those incidental powers be directly relevant to the intention of that bodies' powers, with the advancement of time; those powers not given to the Parliament of the Republic shall remain powers of the provinces.
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II-The Parliament of the Republic shall have the power to pass and enact legislation in the following areas, for the progress of the peaceful and well-intentioned governance, as do Provincial Parliaments; and shall supersede all Provincial Laws should a Legal Disagreement occur:
a) Trade and Commerce within the Republic and with Foreign Lands, including Tariffs; b) Taxation, but not the ability to discriminate between Province in Taxation Affairs; c) Borrowing Monies on the Public Credit of the Republic and all Monetary Reserves; d) Communications: Postal, Telephonic, of the Internet or other like services; e) The Defence of the Provinces and the Control of Military Services; f) Shipping, Fisheries and Ports; g) Quarantine, Customs, Borders and Immigration; h) Census, National Statistics, the running of Free and Fair Elections and Meteorology; i) Currency, Coinage and Legal Tender, both in Issuance and Certification; j) Units of Measurement; k) Patents, Copyrights and Trademarks; l) Familial Partnerships and Child Welfare; m) Governmental Welfare Support, not to the exclusion of Provincial Parliaments; n) The Service and Execution of the Civil and Criminal Process of the Courts and their judgments throughout the Republic and where appropriate, Internationally; o) The Recognition, throughout the Republic, of the Laws, Public Acts and Judgments of the Republic and the Provinces; p) External Affairs; q) Colonies, Overseas Territories, and Antillian-administered lands not within the Provinces; r) Construction and Maintenance of Inter-Provincial Transport Links, with the Permission of all Relevant Provinces; s) The Acquisition, on Just terms, of Property, and the Maintenance of Public Lands; t) Matters Referred to the the Parliament of the Republic by the Provinces; but not over Provinces that do not Refer to the Parliament of the Republic; u) Matters Incidental to the Execution of any Power vested by this Constitution in the Parliament of the Republic, or in the Government of the Republic, or in the Judicature, or in Any Department or Officer of the Republic.
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III-Any other power declared by this Constitution as that of the Parliament of the Republic is an Exclusive Power of the Republic.
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IV-The Parliament of the Republic shall have the exclusive right to make rules and orders with respect to:
a) The mode in which its powers, privileges and immunities may be executed and upheld, in accordance with all other Articles of this Constitution; b) The order and conduct of its business and proceedings.
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