New Constitution

[True Federalist (진정한 연방 주의자)]

4. XIV gives me some pause.  I'm strongly sympathetic to the rights of workers, but I'm worried that as written, it could give legal sanction to the sit-in strike, would bar any use of replacement workers whatsoever during a strike, would sanction the use of a strike during a contract, and finally allow strikes that threaten the national well-being such as strikes by policemen or fire-fighters.  It's simply too broad and absolute.

Suggest replacing it with:
XIV.   The right of workers to organize collectively shall not be abridged.
and leave it to the parliament to work out the penumbras of what labor actions are allowable and when.

I'll have further comments later.

[True Federalist (진정한 연방 주의자)]

I'm not concerned about the mechanics at this point.  Give me a couple of days to come up with an alternative bill of rights.   The one we have now gives us too much of a U.S. Constitution feel with its emphasis on negative rights and little mention of positive rights.

[True Federalist (진정한 연방 주의자)]

Assuming Articles 1, 2, and 3 are the typical legislative, executive, and judiciary articles:  Here's my proposal for Articles 4 and 5.

Article 4 is a statement of negative rights, i.e. those things that the government is prohibited from doing, while Article 5 is a statement of positive rights, i.e. those things that a citizen can expect not only from the government but also their fellow citizens.

Comments welcome.

Article 4: Powers Denied to the Parliament
I.   Parliament shall pass no law abridging the right to peaceably hold or express opinions.
II.   Parliament shall pass no law abridging the freedom of the media.
III.   Parliament shall pass no law abridging the right of peaceable assembly.
IV.   Parliament shall pass no law providing or denying support to private institutions on the basis of a religious affiliation.
V.   Parliament shall pass no law requiring an individual to join any organization.
VI.   Parliament shall pass no law discriminating between individuals on the basis of their gender.
VII.   Parliament shall pass no law discriminating between individuals on the basis of their ethnicity.
VIII.   Parliament shall pass no law discriminating between individuals on the basis of their religion.
IX.   Parliament shall pass no ex post facto law.
X.   Parliament shall pass no bill of attainder.
XI.   Parliament shall pass no law requiring defendants to provide evidence at trial.
XII.   Parliament shall pass no law requiring defendants to prove their innocence.
XIII.   Parliament shall pass no law imposing cruel or unusual punishment.
XIV.   Parliament shall pass no law allowing the involuntary servitude of any person to another person or a private entity.
XV.   Parliament shall pass no law restricting habeas corpus, save in time of war or insurrection.
XVI.   Parliament shall pass no law impairing contracts lawfully entered into.
XVII.   Parliament shall pass no law providing for the use of eminent domain, save for a public use and upon payment of fair compensation.

Article 5: Rights of the Citizenry
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.
II.   Citizens of Antillia shall have the right to their own culture and language.
III.   Citizens of Antillia shall have the right to an impartial, speedy, and public trial.
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.
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.
VI.   Citizens of Antillia shall have the right to competent counsel of their choice in any criminal proceeding.
VII.   Citizens of Antillia shall have the right to vote by secret ballot.
VIII.   Citizens of Antillia shall have the right to collectively organize for any peaceable purpose.
IX.   Citizens of Antillia shall have the right to travel to or reside in any place, whether domestic or foreign.
X.   Citizens of Antillia shall have the right to own property, both real and personal, on an individual, family, or corporate basis.
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.
XII.   Citizens of Antillia shall have the right to equal pay for equal work.
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.
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.
XV.   Citizens of Antillia shall have the right to form and to join trade unions for the protection of their interests.
XVI.   Citizens of Antillia shall have the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
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.
XVIII.   Citizens of Antillia shall have the right to education, which shall be equally accessible to all on the basis of merit.
XIX.   Citizens of Antillia shall have the right to choose the kind of education that shall be given to their children.
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.