Sunny-Side Up, No Scramble Amendments v2
Creado El diff nunca expira
39 eliminaciones
| Líneas | |
|---|---|
| Total | |
| Eliminado | |
| Caracteres | |
| Total | |
| Eliminado | |
62 adiciones
| Líneas | |
|---|---|
| Total | |
| Añadido | |
| Caracteres | |
| Total | |
| Añadido | |
Article 11: Supreme Court
Article 11: Supreme Court
§5. The Supreme Court shall have the power to determine its own procedures to meet its constitutional and legal duties.
§5. The Supreme Court shall have the power to determine its own procedures to meet its constitutional and legal duties.
§5.1. Provided that the Senate may by law require –
§5.1. Provided that the Senate may by law require –
(a) That matters before the Court be heard and disposed of within a certain time-frame as specified by law;
(a) That matters before the Court be heard and disposed of within a certain time-frame as specified by law;
(b) That opinions issued by the court are sufficiently reasoned, based on standards prescribed by law; and,
(b) That the Court makes certain information available to the Senate or the Public, according to law.
(c) That the Court makes certain information available to the Senate or the Public, according to law.
§5.1.1. These laws may be enforced by way of criminal sanction against each individual Justice of the Supreme Court, according to law.
§5.1.1. These laws may be enforced by way of criminal sanction against each individual Justice of the Supreme Court, according to law.
§5.2. Nothing in this Constitution or §5. shall be taken to permit the quashing, invalidation or voiding of §5.1, §5.1.1 and §5.2 through judicial decision, and, in particular, nothing in Article 29 shall be taken to invalidate §5.1 and §5.2, or any law passed to bring into effect the provisions of §5.1, §5.1.1 or §5.2.
Article 13: Core Territories
Article 13: Core Territories
§1. Territories that have their democratic-continuity guaranteed by constitutionally defined Supervisors are to be considered “core territories” of SimDemocracy.
§1. Territories that have their democratic-continuity guaranteed by constitutionally defined Supervisors are to be considered “core territories” of SimDemocracy.
§1.1. No platform dependent on a third-party, as described in Article 12 §2.1., may be considered a core territory of SimDemocracy.
§1.1. No platform dependent on a third-party, as described in Article 12 §2.1., may be considered a core territory of SimDemocracy.
§2. All provisions of this document shall apply in full capacity in core territories of SimDemocracy.
§2. All provisions of this document shall apply in full capacity in core territories of SimDemocracy.
§2.1. No person shall have their liberty to communicate in any core territory restricted for a conviction based solely upon a colonial law.
§2.1. No person shall have their liberty to communicate in any core territory restricted for a conviction based solely upon a colonial law.
§3. One need only maintain a presence in any given core territory to be considered a citizen of SimDemocracy.
§3. One need only maintain a presence in any given core territory to be considered a citizen of SimDemocracy.
§4. No citizen may be discriminated against solely because of the core territory they choose to operate on.
§4. No citizen may be discriminated against solely because of the core territory they choose to operate on.
§4.1. This section shall not be construed to deny the state the ability to base hiring decisions upon the ability of a citizen to do the work the position requires, due to lack of presence on a certain core territory or otherwise.
§4.1. This section shall not be construed to deny the state the ability to base hiring decisions upon the ability of a citizen to do the work the position requires, due to lack of presence on a certain core territory or otherwise.
§5. The confinement of accounts joining the Core Territories and The Colonies to a specific area for them and the implementation of an application for accounts joining the Core Territories and The Colonies to enter the Core Territories and The Colonies, which shall be managed and operated by the competent authorities as prescribed by law, shall be lawful and exempt from Part 6 and Article 29 [of the] Constitution.
§5. The confinement of accounts joining the Core Territories and The Colonies to a specific area for them and the implementation of an application for accounts joining the Core Territories and The Colonies to enter the Core Territories and The Colonies, which shall be managed and operated by the competent authorities as prescribed by law, and any infringement, revocation or suspension of rights which occurs as a result shall be deemed to be explicitly authorized by this Constitution, pursuant to Article 29 §2.
§5.1. In exercising their powers under §5, the competent authority may be given the power to accept or reject accounts attempting to join, though they must act in a lawful manner.
§5.1. In exercising their powers under §5, the competent authority may be given the power to accept or reject accounts attempting to join, though they must act in a lawful manner.
Article 21: Right to a fair hearing
Article 21: Right to Fair Hearing
§1. Every person shall be entitled to a fair hearing by a competent court in accordance with law.
§1. Every person shall be entitled to a fair hearing by a competent court in accordance with law.
§2. Every person charged with a criminal offense shall be presumed innocent until proven guilty.
§2. Every person charged with a criminal offense shall be presumed innocent until proven guilty to the standard of proof prescribed by law, provided that—
§2.1. As explicitly permitted pursuant to Article 29 §2, laws which provide for statutory defenses or rebuttable presumptions to charges or elements of charges shall not be considered as a violation of §2;
§2.2. And the standard of proof prescribed by law, for the purposes of §2., shall be no lower than the standard of beyond a reasonable doubt unless for a matter explicitly allowed by this Constitution or as upheld by a competent court to be necessary.
§2.2.1. Exceptions to §2.2 shall be matters pertaining to alternate accounts and terrorism as described by law, which will have a minimum standard of proof being clear and convincing.
§3. Every person shall have the right to defend themselves in person, and every person shall have the right to legal counsel for their defense.
§3. Every person shall have the right to defend themselves in person, and every person shall have the right to legal counsel for their defense.
§4. Every person shall have the right to adequate time for the preparation of their defense, and the right to private correspondence and communications with legal counsel.
§4. Every person shall have the right to adequate time for the preparation of their defense, and the right to private correspondence and communications with legal counsel.
§5. No person shall be guilty of a criminal offense on account of any act or omission which did not constitute a criminal offense at the time when it was committed, nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offense was committed.
§5. Every person shall have the right to petition a competent court for judicial review if their rights have been unlawfully infringed and will have the right to seek effective judicial remedy for any infringement on their rights.
§6. No legal entity may be tried again on the same or similar charges and on the same facts following a valid acquittal or conviction.
§6. No person shall be guilty of a criminal offense on account of any act or omission which did not constitute a criminal offense at the time when it was committed, nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offense was committed.
§7. No person shall be required to testify to anything which may expose them to criminal liability.
§7. No legal entity may be tried again on the same or similar charges and on the same facts following a valid acquittal or conviction.
§7.1. To avoid doubt, this section does not prevent the state from compelling a person to turn over documents, logs, or other material that may be incriminating, if the state has reasonable cause to believe that such incriminating material exists.
§8. No person shall be required to testify to anything which may expose them to criminal liability.
§8.1. To avoid doubt, this section does not prevent the state from compelling a person to turn over documents, logs, or other material that may be incriminating, if the state has reasonable cause to believe that such incriminating material exists.
Article 29: Protection of rights
Article 29: Exercise of Rights
§1. The free and lawful exercise of these rights shall never be infringed by the state unless to protect the rights of others, the rights of society as a whole, or to ensure SimDemocracy’s continued existence on any given platform.
§1. This Part of this Constitution, being the Bill of Rights, shall be above both the rest of this Constitution and any lower laws.
§2. Any constitutional or lower laws which unlawfully infringe on these rights shall be void and of no effect.
§2. The free and lawful exercise of these rights shall never be infringed by the state unless to protect the rights of others, the rights of society as a whole, to ensure SimDemocracy’s continued existence on any given platform, in enforcement of the Terms of Service, or unless explicitly authorized in this Constitution by way of citation of this section.
§3. The enumeration of these rights shall not be construed to deny the state the ability to amend or remove rights via normal amendment process.
§3. Any constitutional or lower laws which infringe upon, revoke, or suspend these rights in a manner not permitted by §2. of this Article shall be void and of no effect.
§4. Every person shall have the right to petition a competent court for judicial review if their rights have been unlawfully infringed and the right to seek effective judicial remedy.
§4. The enumeration of these rights shall not be construed to deny the state the ability to amend or remove rights via normal amendment process.
§5. Those lawfully sentenced to a ban from the Core Territories by a competent court will have their Rights defined in Articles 31 and 18 §4 of this Constitution revoked, pursuant to §2 of this Article, for the duration of their ban.
Article 30: Rights of Alternate Accounts
§1. Main Accounts are to be defined as any account owned and operated by one person for which they use to be their primary source of activity on SimDemoracy.
§1.1. Alternate Accounts are to be known as accounts operated by persons that are not their Main Account and considered part of the person who owns the Main Account.
§1.1.1. For the purposes of this Article, self-bots, as defined by the Terms of Service, are to be considered Alternate Accounts.
§1.2 Any lawful detention as described in Article 22 done on any of a person’s accounts shall be extended to all of their accounts.
§1.3. The Senate may by law limit or disallow the exercise of rights through Alternate Accounts.
§2. A competent court may, on application by the Government, declare an account to be an Alternate Account where it finds that the provided application reaches the standard of being clear and convincing that the account is an Alternate Account.
§2.1. The false declaration of Alternate Accounts pursuant to §2 may be appealed to a competent court by the affected accounts.
§3. No Alternate Account shall be suppressed, detained, muted, or banned, except in accordance with law.
§4. To avoid doubt, anything in this Article which infringes or suspends the free and lawful exercise of rights in this Part is deemed to have been explicitly authorized under Article 29 §2 of this Constitution.
Article 32: Implementation
Article 32: Implementation
§1. Despite Article 29, the President may authorize or revoke authorization for the use of the following powers in relation to the Core Territories, if satisfied that there is or is likely to be significant destabilisation on SimDemocracy that requires some management to ensure the stability of the community and the democratic institutions of SimDemocracy:
§1. If the President is satisfied that there is or is likely to be significant destabilization on SimDemocracy that requires some management to ensure the stability of the community or the democratic institutions of SimDemocracy, they may make use or authorize the use of any number of the following powers, and any infringement, revocation or suspension of rights which occurs as a result shall be deemed to be explicitly authorized by this Constitution pursuant to Article 29 §2 unless a review conducted by a competent court concludes that the infringement, revocation, or suspension of rights was not necessary to address the situation at hand:
(a) The Confinement of new members in the Core Territories to a specific area for new members;
(a) The Confinement of new accounts in the Core Territories to a specific area for new accounts;
(b) The implementation of an application for new accounts to enter the Core Territories, which shall be managed and operated by the competent authorities as prescribed by law;
(b) The implementation of an application for new accounts to enter the Core Territories, which shall be managed and operated by the competent authorities as prescribed by law;
(c) The temporary removal of permissions on the Core Territories for a period of time not exceeding 48 hours;
(c) The temporary removal of permissions on the Core Territories for a period of time not exceeding 48 hours;
(d) The lockdown of the Core Territories, preventing new members from joining, for a period of time not exceeding 48 hours.
(d) The lockdown of the Core Territories, preventing new accounts from joining, for a period of time not exceeding 48 hours.
§1.1. In exercising their powers under §1(b), the competent authority may be given the power to accept or reject accounts attempting to join in accordance with standards prescribed by law.
§1.1. In exercising their powers under §1(b), the competent authority may be given the power to accept or reject accounts attempting to join in accordance with standards prescribed by law.
§2. Before authorizing the use of these powers, the Senate must pass a resolution authorizing this use, and a Supreme Court Justice must approve the use.
§2. Before authorizing the use of these powers, the Senate must pass a resolution authorizing this use, and a Supreme Court Justice must approve the use.
§2.1. If the President is satisfied that the urgency of the destabilisation requires the immediate use of these powers, they may authorize the use of them preemptively, but if the requirements under §2. are not satisfied within 48 hours, the use of these powers must be immediately discontinued.
§2.1. If the President is satisfied that the urgency of the destabilisation requires the immediate use of these powers, they may authorize the use of them preemptively, but if the requirements under §2. are not satisfied within 48 hours, the use of these powers must be immediately discontinued.
§2.2. The Senate may further restrict or regulate the President’s use of these powers through legislation, including imposing time limits on how long certain powers may be used.
§2.2. The Senate may further restrict or regulate the President’s use of these powers through legislation, including imposing time limits on how long certain powers may be used.