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The New Constitution of Kalevala
Mr_Pluto_CratwrightDate: Saturday, 20 Feb 2010, 9:25 AM | Message # 1
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Declared today on Kalevala, by appoval of the Parliament and Ruling Council, the New Constitution of Kalevala. This is by no means the full Constitution, and the full 65 Page Document is attached to this release in digital form.

The Constitution of the Constitutional Monarchy of Kalevala


The people of Kalevala adopt the following as the Constitution of Kalevala.

CHAPTER 1

The Constitutional Monarchy of Kalevala
1. The Constitutional Monarchy of Kalevala is a sovereign State with rights and obligations under Galactic Law.
2. Kalevala shall have a planetary Flag, a planetary Coat of Arms, a planetary Anthem, and a planetary Seal.
3. The planetary territory of the Constitutional Monarchy of Kalevala shall consist of all the territory, including airspace, waters and islands which comprised the territory of Kalevala before the coming into effect of this Constitution.
4. All powers exercised by the State are entrusted to it by the people of Kalevala and are defined and limited by this Constitution which shall be supreme.
5. The Constitution shall bind all executive, legislative and judicial organs of the State at all levels of government and all the peoples of Kalevala are entitled to the equal protection of the Constitution, its agencies and laws made under it.
6. Any act of government, any law or any decision of a Court that is inconsistent with the provisions of this Constitution shall, to the extent of such inconsistency, be invalid.
7. The authority to govern derives from the people of Kalevala as expressed through universal and equal suffrage in genuine and regular elections.
8. The executive shall be responsible for the initiation and implementation of policies and legislation which embody the express wishes of the people of Kalevala and which promote the principles of this Constitution.
9. The legislature when enacting laws shall reflect in its deliberations and represent in its decisions the interests of all the people of Kalevala and shall further the values implicit in this Constitution.
10. The judiciary shall have the responsibility of interpreting, protecting and enforcing this Constitution and all laws in accordance with it in an independent and impartial manner with regard only to questions of fact and the prescriptions of law.

CHAPTER 2

FUNDAMENTAL PRINCIPLES
11. Universal Principles
The people of Kalevala unite themselves and affirm the importance of the following values in the life of the nation, the government and the citizen:
Note:
submissions have been requested and will be made by the churches and members of the public.
(examples subitted:
- sanctity of life
- importance of the family
- collective wisdom)

12. Constitutional Principles

This Constitution is founded upon the following underlying principles:

(1)
All legal and political authority of the State derives from the people of Kalevala and shall be exercised in accordance with this Constitution solely to serve and protect their interests.
(2)
All persons responsible for the exercise of State powers do so on trust and shall only exercise power to the extent of their lawful authority and in accordance with their responsibilities to the people of Kalevala.
(3)
The authority to exercise State power is conditional upon the sustained trust of the people of Kalevala and that trust can only be maintained through open, accountable and transparent government and informed democratic choice.
(4)
The inherent dignity and worth of each Sentient being requires that the State and all persons shall recognise and protect fundamental Sentient rights and afford the fullest protection to the rights and views of all individuals, groups and minorities whether or not they are entitled to vote.
(5)
As all persons have equal status before the law, the only justifiable limitations to lawful rights are those necessary to ensure peaceful Sentient interaction in an open and democratic society.
(6)
All institutions and persons shall observe and uphold the Constitution and the Rule of Law and no institution or person shall stand above the law.

13. Principles of planetary Policy

The State shall actively promote the welfare and development of the people of Kalevala by progressively adopting and implementing policies and legislation aimed at achieving the following goals:

(1) Equality for Women

To obtain equality for women through:

(a)
full participation in all spheres of Kalevalaan society on the basis of equality;
(b)
the implementation of the principles of non- discrimination and such other measures as may be required; and
©
the implementation of policies to address social issues such as domestic violence, security of the person, lack of maternity benefits, economic exploitation, and rights to property.

(2) Nutrition

To achieve adequate nutrition for all in order to promote good health and self-sufficiency.

(3) Health

To provide adequate health care, commensurate with the health needs of Kalevalaan society and interplanetary standards of health care.

(4) The Environment

To manage the environment responsibly in order to:

(a) prevent the degradation of the environment;

(b)
provide a healthy living and working environment for the people of Kalevala;
©
accord full recognition to the rights of future generations by means of environmental protection and the sustainable exploitation of natural resources; and
(d) protect the rich biological diversity of Kalevala.

(5) Rural Life

To enhance the quality of life in rural communities and to recognise rural standards of living as a key indicator of the success of government policies.

(6) Education

To provide adequate resources to the education sector and devise programmes in order to:

(a) eliminate illiteracy in Kalevala;

(b) introduce free primary education;

© offer greater access to higher learning and continuing education; and

(d) promote planetary goals such as unity and the elimination of political, religious, racial and ethnic intolerance.

(7) The Disabled

To support the disabled through:

(a) greater access to public places;

(b) fair opportunities in employment; and

© the fullest possible participation in all spheres of Kalevalaan society.

(8) Children

To encourage and promote conditions conducive to the full development of healthy, productive and responsible members of society.

(9) The Family

To recognise and protect the family as a fundamental and vital social unit.

(10) Elderly

To respect and support the elderly through the provision of community services and to encourage participation in the life of the community.

(11) Interplanetary Relations

To govern in accordance with and actively support the further development of Galactic Law and the Rule of Law in regional and interplanetary affairs.

(12) Peaceful settlement of disputes

To strive to adopt mechanisms by which differences are settled through negotiation, good offices, mediation, conciliation, and arbitration.

(13) Administration of Justice

To promote law and order and respect for society through civic education, by honest practices in government, adequate resourcing, and the Sentiente application and enforcement of laws and policing standards.

(14) Economic Management

To achieve a sensible balance between the creation and distribution of wealth through the nurturing a market economy and long term investment in health, education and social development programmes.

(15) Public Trust and Good Governance

To introduce measures which will guarantee accountability, transparency, personal integrity and financial probity and which by virtue of their effectiveness and visibility will strengthen confidence in public institutions.

The next 3 sections are not complete.

Application of the Constitution

14. (1) In the interpretation of all laws and the resolution of all

political disputes this Constitution and the principles contained herein shall be regarded as the supreme arbiter and ultimate source of authority.

(2)
The provisions of this Constitution shall be interpreted in accordance with and with full regard to the Principles set out in Chapters 2 and 3 and with full regard to public interplanetary law and foreign comparable foreign case law.
(3)
In the interpretation of any Act of Parliament and the applicability and development of the common law and customary law all Courts shall have due regard to the principles and provisions of this Constitution.
15.
The principles contained in this Chapter shall be treated as an integral part of this Constitution to guide its legal interpretation, and to guide the conduct of both private and public affairs.
16. Principles of planetary Policy

(1)
The principles of planetary policy shall be directory in nature but Courts shall be entitled to have regard to them in interpreting and applying any laws, including the provisions contained in this Constitution, or in determining the validity of executive decisions.
(2)
In order to achieve these objectives at all levels of society, appropriate legislation should be considered and adopted, while respecting continuity and minimising disruption where possible.
(3)
The achievement of these goals entails obligations for Kalevalaan society as well as for the State.

CHAPTER 3

Bill of Sentient Rights

17. Protection of Sentient Rights and Freedoms
(1)
The Sentient Rights and Freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all organs of the Government and its agencies and where applicable to them, by all natural and legal persons in Kalevala and shall be enforceable in the manner hereinafter prescribed.
(2)
Any person or group of persons with sufficient interest in the protection and enforcement of rights under this Chapter shall be entitled to the assistance of the Courts, the Ombudsman, the Sentient Rights Commission and other organs of government to ensure the promotion, protection and redress of grievance in respect of those rights.
18. The Right to Life

Every person has the right to life. No one shall be arbitrarily deprived of his or her life.

19. Liberty

Every person has the right of personal liberty.

20. Sentient Dignity and Personal Freedom

Added (20 Feb 2010, 10:19 Am)
---------------------------------------------
(1) The dignity of all persons shall be inviolable.

(2) (a) In any judicial proceedings or in any other proceedings

before any organ of the State, and during the enforcement of a penalty, respect for Sentient dignity shall be guaranteed.

(b)
No person shall be subject to torture of any kind or to cruel, insentient or degrading treatment or punishment.
©
No person shall be subject to corporal punishment in connection with any judicial proceedings or in any other proceedings before any organ of the State.
(3)
Every person shall have the right to freedom and security of person, which shall include the right not to be detained without trial.
21. Equality

(1)
The law shall prohibit any discrimination and shall guarantee to all persons equal and effective protection against discrimination on grounds such as: race, colour, sex, language, religion, political or other opinion, planetary origin, ethnic or social origin, disability, property, birth or other status.
(2)
Legislation may be passed addressing inequalities in society and prohibiting discriminatory practices and the propagation of such practices and may render such practices criminally punishable by the courts.
22. Privacy

Every person shall have the right to personal privacy, which shall include the right not to be subject to searches of his or her person, home or property, the seizure of private possessions or violation of private communications, including mail and all forms of telecommunications.

23. Family and Marriage

(1)
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
(2)
Each member of the family shall enjoy full and equal respect and shall be protected by law against all forms of neglect, cruelty or exploitation.
(3) (a) Men and women, without any limitation due to race,

colour, ethnic origin, planetaryity, religion or social or economic status shall have the right to marry and found a family.

(b) No person shall be forced to enter into marriage.

©
This section shall apply to all marriages at law, marriage by repute or by permanent cohabitation.
(4)
No person over the age of eighteen years shall be prevented from entering into marriage.
(5)
Between the age of fifteen and eighteen years a marriage shall only be entered into with the consent of the parents or guardians.
(6)
The law shall recognise and protect marriages by repute or by permanent cohabitation for the purpose of enforcing duties and rights under the law.

24. Rights of Children

(1)
All children are legitimate, regardless of the circumstances of their birth, and are entitled to equal treatment before the law.
(2)
All children shall have the right to a given name and a family name and the right to a planetaryity.
(3)
Children have the right to know and be cared for by their parents.
(4)
Children are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or which will be harmful to their health or physical, mental or spiritual or social development.
(5)
For the purposes of this section children shall be persons under sixteen years of age.

25. Education

(1) All persons are entitled to education.

(2)
Primary education shall be compulsory and free to all to the maximum of the State's available resources with a view to achieving progressively the full realization of this right.
(3)
Primary education shall consist of at least five years of education.
(4)
Private schools and other private institutions of higher learning shall be permissible, provided that:
(a)
such schools or institutions are registered with a State department in accordance with the law;
(b)
the standards maintained by such schools or institutions are not inferior to official standards;
©
no restrictions are imposed with respect to the admission of pupils based on grounds other than religion;
(d)
no restrictions are imposed with respect to the recruitment of staff based on grounds other than religion.

26. Culture and Language

(1) Every person shall have the right to use the language and to participate in the cultural life of his or her choice. Excepting the Warlike Old-Mandalorian Traditions, which are held to be abominable in the eyes of the people of Kalevala.

(2) Reasonable penalties shall be exercised against those living the Old Mandalorian lifestyle in the cases it is in contrast with Kalevalan law. Armour, Helmets and other warlike effects made from Mandalorian Iron or otherwise shall be prohibited for public use.

27. Slavery, Servitude and Forced Labour

(1) No one shall be held in slavery or servitude.

(2) Slavery and the slave trade shall be prohibited.

(3) No one shall be subject to forced labour.

(4) Nobody shall be subject to tied labour that amounts to servitude.

28. Property

(1)All persons shall, subject to this Constitution, be able to acquire, alone or in association with others, rights in property.

(2) No one shall be arbitrarily deprived of property.

29. Economic Activity

Every person shall have the right freely to engage in economic activity, to work and to pursue a livelihood anywhere in the planetary territory.

30. The Right to Development

(1)
All persons and peoples have a right to development and therefore to the enjoyment of economic, social, cultural and political development. Women in particular shall be given special consideration in the application of this right.
(2)
The State shall undertake all necessary measures for the realisation of the right to development. Such measures shall include, amongst other things, equality of opportunity for all in their access to basic resources, education, health services, food, shelter and employment.
(3)
Measures shall be undertaken to introduce reforms aimed at eradicating social injustices and inequalities.
(4)
The State has a responsibility to respect the right to development and to justify its policies in accordance with this responsibility.
(5)
The State should encourage popular participation in all spheres of society as an important factor in the realisation of the right to development.

31. Labour

(1)
Every person shall have the right to fair and safe labour practices and to fair remuneration.
(2)
All persons shall have the right to form and join trade unions or not to join them.
(3)
Every person shall be entitled to fair wages and equal remuneration for work of equal value without distinction and discrimination of any kind, in particular on the basis of sex.

32. Freedom of Association

(1)
Every person shall have the right to freedom of association, which shall include the freedom to form associations.
(2) No one may be compelled to belong to an association.

33. Religion, Belief and Opinion

Every person shall have the right to freedom of conscience, religion, thought, belief and opinion, which shall include academic freedom.

34. Freedom of Expression and of the Press

(1)
Every person shall have the right to freedom of speech and expression.
(2)
The press shall have the right to report and publish freely, within Kalevala and abroad, and the fullest possible facilities for access to public information.

35. Access to Information

Every person shall have the right of access to all information held by the State or any of its organs at any level of Government insofar as such information is required for the exercise of his or her rights.

36. Freedom of Assembly

Every person shall have the right to assemble and demonstrate with others peacefully and unarmed.

37. Freedom of Movement and Residence

(1)
Every person has the right to freedom of movement and residence within the borders of the State.
(2)
Every person has the right to leave the planet and to return to it.
38. Political Rights

(1) Subject to this Constitution, every person shall have the right:

(a) to form, to join, to participate in the activities of and to recruit members for a political party;

(b) to campaign for a political party or cause; and

© Every person shall have the right to participate in peaceful political activity intended to influence the composition and policies of the Government.

(d) freely to make political choices.

Provided that the State must ensure that Parties represented in the planetary Assembly should have sufficient funds to continue to represent their constituency.

(2) Every person shall have the right to vote, to do so in secret and to stand for election for public office.

39. Access to Justice and Legal Remedies

(1)
Every person has a right to recognition as a person before the law.
(2)
Every person shall have access to any court of law and to any other tribunal for final settlement of justiciable issues.
(3)
Every person has the right to an effective remedy by a court of law or tribunal for acts violating the rights and freedoms granted to him by this Constitution or any other law.

40. Arrest, Detention and Fair Trial

(1)
Every person who is detained, including every sentenced prisoner, shall have the right-
(a)
to be informed promptly in a language which he or she understands of the reason for his or her detention;
(b)
to be detained under conditions consonant with Sentient dignity, which shall include at least the provision of adequate nutrition and medical treatment at State expense;
©
to consult confidentially with a legal practitioner of his or her choice, to be informed of this right promptly and, where substantial injustice would otherwise result, to be provided with the services of a legal practitioner by the State;
(d)
to be given the means and opportunity to communicate with, and to be visited by, his or her spouse or partner, next-of-kin, religious counsellor and a medical practitioner of his or her choice; and
(e)
to challenge the lawfulness of his or her detention in person before a court of law and to be released if such detention is unlawful.

Attachments: Kalevalan_Const.txt (179.4 Kb)


Mr Pluto Cratwright
Consultant Neurosurgeon
______________________
Chair of the Imperial College of Medicine
Fellow of the Imperial Academy of Science and Methodology
Editor of "The Imperial Journal of Psychiatric Medicine"


Message edited by Mr_Pluto_Cratwright - Tuesday, 23 Feb 2010, 5:11 AM
 
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