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| Rights and Freedoms | Mobility and Legal Rights http://www.hermertia.com/viewtopic.php?f=62&t=967 |
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| Author: | Sodihv Thalion [ August 14th, 2016, 11:05 pm ] |
| Post subject: | Rights and Freedoms | Mobility and Legal Rights |
3. Mobility Rights Every citizen of Hermertia, regardless of their rank or allegiance, has the right to enter, remain and leave any region or realm of Hermertia. Additionally, every citizen of Hermertia has the right to move to and take up residence in any region provided they accept the legal owner of said territory as the highest authority in that land, and assuming the rights of the owner as outlined in Section III of the Indoles Carta are respected. This right does not afford the citizen the right to assuming or converting their property into legal noble holdings with international recognition, as the processes outlined in Section II of the Indoles Carta cannot be circumvented. Additionally, the mobility rights above subject to any national laws (passed by the highest authority) of general application in force and effect in a region other than those that discriminate among persons, and are subject to any laws providing for reasonable residency requirements as qualification for the receipt of protection or liege-funded social services. 4. Legal Rights Everyone has the right to life, liberty, and the security of the person, and the right not to be deprived thereof except in accordance within principles of fundamental justice. Everyone has the right not to be subject to unreasonable search or seizure and not to be arbitrarily detained or imprisoned, except in those cases outlined in Section IV of the Indoles Carta. Everyone has the right, upon arrest, to be informed of the charge without unreasonable delay, to be tried within a reasonable time, and is to be presumed innocent until proven guilty according to law, both international and domestic, in fair and public hearing by an independent and impartial tribunal. If finally acquitted or found guilty of the offense, a person is not to be tried or punished for it again, except in the case that a mistrial can be confirmed due to emerging evidence that was absent during the initial adjudication. |
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| Author: | Wysterian Labourer's Council [ August 14th, 2016, 11:24 pm ] |
| Post subject: | Re: Rights and Freedoms | Section II Mobility and Legal Righ |
I offer a proposed modernized draft of this section. Most rights here survive unaltered, with only two changes seeming to be needed. Changes have been highlighted in red. ------ 3. Mobility Rights Every citizen of Hermertia, regardless of their rank or allegiance, has the right to enter, travel through, and leave any region or realm of Hermertia at any time. These mobility laws may be superseded by national/domestic law only in times of formally declared and legal war, where the highest legal authority of a given territory - recognized as sovereign under the Council of the Crowned - at war may temporarily revoke the mobility rights of Hermertian citizens inside specific regions under their authority. This temporary revocation of mobility laws shall only be internationally and legally recognized if a public declaration is made in the Judicial Court to this effect by the highest legal authority of the territory in question, explicitly stating the area affected and the duration of the revocation. Quote: A great deal of discussion has already taken place concerning the desire by many to alter the current Mobility Laws to a) be more in line with a newer community consensus and b) allow for realms to exercise what many see as their sovereign right to limit mobility inside their territory under specific circumstances. Accordingly, I have proposed this modification - it has undergone significant sharing, critical review, discussion and debate, and I expect it will see more here as we work towards a community consensus on this issue. For more discussion that has already taken place to give us what we see here: viewtopic.php?f=62&t=773&start=30 4. Legal Rights Everyone has the right to life, liberty, and the security of the person, and the right not to be deprived thereof except in accordance within the principles of fundamental justice. Everyone has the right not to be subject to unreasonable search or seizure and not to be arbitrarily detained or imprisoned, except in those cases outlined in Section IV of the Indoles Carta. Everyone has the right, upon arrest, to be informed of the charge without unreasonable delay, to be tried within a reasonable time, and is to be presumed innocent until proven guilty according to law, both international and domestic, in fair and public hearing by an independent and impartial tribunal. If finally acquitted or found guilty of the offense, a person is not to be tried or punished for it again, except in the case that a mistrial can be confirmed due to emerging evidence that was absent during the initial adjudication. No individual shall be charged with criminal or civil offences that were not listed in the Mercurian Criminal or Civil Codes at the time at which the action(s) were committed. Quote: The recently passed Ex Post Facto law has been added in its proper place as one of our fundamental legal rights.
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| Author: | Cerdic Accynnafon [ August 14th, 2016, 11:38 pm ] |
| Post subject: | Re: Rights and Freedoms | Mobility and Legal Rights |
Looks good. |
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| Author: | The Chairman [ August 15th, 2016, 3:23 am ] |
| Post subject: | Re: Rights and Freedoms | Mobility and Legal Rights |
This new language looks good. |
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| Author: | The Regent [ August 18th, 2016, 8:02 pm ] |
| Post subject: | Re: Rights and Freedoms | Mobility and Legal Rights |
Looks great. |
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| Author: | Septimus [ August 18th, 2016, 8:07 pm ] |
| Post subject: | Re: Rights and Freedoms | Mobility and Legal Rights |
I agree with the proposed language |
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| Author: | Darius V [ August 18th, 2016, 8:39 pm ] |
| Post subject: | Re: Rights and Freedoms | Mobility and Legal Rights |
I also agree with the changes. |
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| Author: | King Tiber III [ August 19th, 2016, 12:52 am ] |
| Post subject: | Re: Rights and Freedoms | Mobility and Legal Rights |
I agree with the changes as well. |
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| Author: | Scrios V [ August 20th, 2016, 11:40 pm ] |
| Post subject: | Re: Rights and Freedoms | Mobility and Legal Rights |
I agree as well. |
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