by Acadian Populace » Wed Jan 09, 2019 10:35 am
by Jebslund » Wed Jan 09, 2019 10:51 am
Acadian Populace wrote:In keeping with world etiquette I submit the following bill for discussion and commentary prior to the Bill be proposed to the World Council.
Being modeled after another Bill of rights it is rather inclusive and broad in its current form, commentary would be appreciated.
PART I
BILL OF RIGHTS
1. It is hereby recognized and declared that in the World there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
(a) the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law;
(b) the right of the individual to equality before the law and the protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and of association;
(f) freedom of the press; and
(g) freedom of consumption of Drugs, Alcohol, and other substances;
2. Every law of the World shall, unless it is expressly declared by an Act of The Legitimate Government of the World that it shall operate notwithstanding the Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of the World shall be construed or applied so as to
(a) authorize or effect the arbitrary detention, imprisonment or exile of a person;
(b) impose or authorize the imposition of cruel and unusual treatment or punishment;
(c) deprive a person who has been arrested or detained
(i) of the right to be informed promptly of the reason for his arrest or detention,
(ii) of the right to retain and instruct counsel without delay, or
(iii) of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful;
(d) authorize a court, tribunal, commission, board or other authority to compel a person to give evidence if he is denied counsel, protection against self-crimination or other constitutional safeguards;
(e) deprive a person of the right to a fair hearing in accordance to the principles of fundamental justice for the determination of his rights and obligations;
(f) deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to the law in a fair and public hearing by an independent and impartial tribunal, or of the right to reasonable bail without just cause; and
(g) deprive a person of the right to the assistance to an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted.
3. (1) Subject to subsection (2), the Minister of Justice shall, in accordance with such regulations as may be prescribed by the Governor General in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a Minister of the Crown in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of this Part and he shall report any such inconsistency to the House of Commons at the first convenient opportunity.
(2) A regulation need not be examined in accordance with subsection (1) if prior to being made it was examined as a proposed regulation in accordance with section 3 of the Statutory Instruments Act to ensure that it was not inconsistent with the purposes and provisions of this Part.
4. The provisions of this Part shall be known as the Bill of Rights.
PART II
5. (1) Nothing in Part I shall be construed as to abrogate or abridge any human right or fundamental freedom not enumerated therein that may have exist in the World at the commencement of this Act.
(2) The expression "law of the World" in Part I means an Act of the The Legitimate Government of the World enacted before or after the coming into force of this Act, any order, rule or regulation thereunder, and any law in force in the World or in any part of the World at the commencement of this Act that that is subject to be repealed, abolished or altered by the The Legitimate Government of the World.
(3) The provisions of Part I shall be construed as extending only to matters coming within the legislative authority of the The Legitimate Government of the World.
PART III
6. (1) This Bill shall hereby supersede any and all previous Bills of Rights as adopted within Nations, Regions, and the World Assembly.
Authored by the Legal Department of the Acadian Populace
by Bears Armed » Wed Jan 09, 2019 10:52 am
Not possible. Once passed, a resolution -- such as this would, in theory be -- can not be amended or contradicted by future resolutions.2. Every law of the World shall, unless it is expressly declared by an Act of The Legitimate Government of the World that it shall operate notwithstanding the Bill of Rights
If you want your rules to replace those in previously-passed resolutions then you need to repeal those earlier resolutions, using the 'Repeal' category, one resolution per repeal, before trying to pass your replacement.This Bill shall hereby supersede any and all previous Bills of Rights as adopted within Nations, Regions, and the World Assembly.
The nation that submits a proposal is automatically named before its text: Naming it here at the end as well counts as illegal for 'Branding'.Authored by the Legal Department of the Acadian Populace
by Araraukar » Wed Jan 09, 2019 11:00 am
Bears Armed wrote:OOC
Leaving aside, for now, any questions about how closely it's modelled on any RL legislation
Acadian Populace wrote:PART I
BILL OF RIGHTS
1. It is hereby recognized and declared that in the World there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
(a) the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law;
(b) the right of the individual to equality before the law and the protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and of association;
(f) freedom of the press; and
(g) freedom of consumption of Drugs, Alcohol, and other substances;
2. Every law of the World shall, unless it is expressly declared by an Act of The Legitimate Government of the World that it shall operate notwithstanding the Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of the World shall be construed or applied so as to
(a) authorize or effect the arbitrary detention, imprisonment or exile of a person;
(b) impose or authorize the imposition of cruel and unusual treatment or punishment;
(c) deprive a person who has been arrested or detained
(i) of the right to be informed promptly of the reason for his arrest or detention,
(ii) of the right to retain and instruct counsel without delay, or
(iii) of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful;
(d) authorize a court, tribunal, commission, board or other authority to compel a person to give evidence if he is denied counsel, protection against self-crimination or other constitutional safeguards;
(e) deprive a person of the right to a fair hearing in accordance to the principles of fundamental justice for the determination of his rights and obligations;
(f) deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to the law in a fair and public hearing by an independent and impartial tribunal, or of the right to reasonable bail without just cause; and
(g) deprive a person of the right to the assistance to an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted.
3. (1) Subject to subsection (2), the Minister of Justice shall, in accordance with such regulations as may be prescribed by the Governor General in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a Minister of the Crown in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of this Part and he shall report any such inconsistency to the House of Commons at the first convenient opportunity.
(2) A regulation need not be examined in accordance with subsection (1) if prior to being made it was examined as a proposed regulation in accordance with section 3 of the Statutory Instruments Act to ensure that it was not inconsistent with the purposes and provisions of this Part.
4. The provisions of this Part shall be known as the Bill of Rights.
PART II
5. (1) Nothing in Part I shall be construed as to abrogate or abridge any human right or fundamental freedom not enumerated therein that may have exist in the World at the commencement of this Act.
(2) The expression "law of the World" in Part I means an Act of the The Legitimate Government of the World enacted before or after the coming into force of this Act, any order, rule or regulation thereunder, and any law in force in the World or in any part of the World at the commencement of this Act that that is subject to be repealed, abolished or altered by the The Legitimate Government of the World.
(3) The provisions of Part I shall be construed as extending only to matters coming within the legislative authority of the The Legitimate Government of the World.
PART III
6. (1) This Bill shall hereby supersede any and all previous Bills of Rights as adopted within Nations, Regions, and the World Assembly.
Authored by the Legal Department of the Acadian Populace
Apologies for absences, non-COVID health issues leave me with very little energy at times.Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
by Jebslund » Wed Jan 09, 2019 11:04 am
Bears Armed wrote:OOC
Leaving aside, for now, any questions about how closely it's modelled on any RL legislation, which could potentially leave you at risk of an official warning (and expulsion from the WA) for Plagiarism, I see the following problems:
1/. Duplication of numerous existing resolutions.
2/. use of "the World" rather than "the World Assembly" or "the member nations of the World Assembly": The WA can not legislate for non-members as well as members, which is what that usage looks like.
3.Not possible. Once passed, a resolution -- such as this would, in theory be -- can not be amended or contradicted by future resolutions.2. Every law of the World shall, unless it is expressly declared by an Act of The Legitimate Government of the World that it shall operate notwithstanding the Bill of Rights
4.If you want your rules to replace those in previously-passed resolutions then you need to repeal those earlier resolutions, using the 'Repeal' category, one resolution per repeal, before trying to pass your replacement.This Bill shall hereby supersede any and all previous Bills of Rights as adopted within Nations, Regions, and the World Assembly.
5.The nation that submits a proposal is automatically named before its text: Naming it here at the end as well counts as illegal for 'Branding'.Authored by the Legal Department of the Acadian Populace
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However, as Jebslund has already said, congratulations on having the sense to post this here instead of just submitting it: far too many newcomers don't bother, and almost all of their proposals are illegal for one or more reasons too.
by Sierra Lyricalia » Wed Jan 09, 2019 11:13 am
by Acadian Populace » Wed Jan 09, 2019 1:37 pm
by Jebslund » Wed Jan 09, 2019 1:56 pm
Acadian Populace wrote:To respond to the plagiarism concerns: I apologize for the misunderstanding, I believed, as it is a political game in which I am posting, the actual law is didn't fully apply, as most governments would gladly allow anyone to replicate their laws on the matter of Human Rights and view it as an esteemed honor, it also belongs to the people of Canada indirectly so I believe it would fall under fair use. Due to the nature of the use I believe most nations would be thrilled to have it utilized as a benchmark for furthering the cause of Human Rights. However I do note the concern and take it under advisement for future efforts.
In terms of replicating legislation I apologize, I'm a bit new to the game and couldn't find anything on the WA records for one having been passed.
Does anyone have a link to the current one(s)? (IRL I'm a bit of a political act so I'd love to read it.)
I'll be withdrawing this Bill from the forum. My intent posting it here was for more of a benchmark for discussion on forming one, which again I didn't notice in my searching the archives.
Again Apologies for the errors on my part.
Acadian Populace
by Grays Harbor » Wed Jan 09, 2019 2:44 pm
Acadian Populace wrote:To respond to the plagiarism concerns: I apologize for the misunderstanding, I believed, as it is a political game in which I am posting, the actual law is didn't fully apply, as most governments would gladly allow anyone to replicate their laws on the matter of Human Rights and view it as an esteemed honor, it also belongs to the people of Canada indirectly so I believe it would fall under fair use. Due to the nature of the use I believe most nations would be thrilled to have it utilized as a benchmark for furthering the cause of Human Rights. However I do note the concern and take it under advisement for future efforts.
In terms of replicating legislation I apologize, I'm a bit new to the game and couldn't find anything on the WA records for one having been passed.
Does anyone have a link to the current one(s)? (IRL I'm a bit of a political act so I'd love to read it.)
I'll be withdrawing this Bill from the forum. My intent posting it here was for more of a benchmark for discussion on forming one, which again I didn't notice in my searching the archives.
Again Apologies for the errors on my part.
Acadian Populace
by Acadian Populace » Wed Jan 09, 2019 3:58 pm
by Jebslund » Wed Jan 09, 2019 4:22 pm
by Wrapper » Wed Jan 09, 2019 4:52 pm
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