liberland / Constitution

Drafting the Liberland Constitution
https://docs.google.com/document/d/1RYgEHcb2oMgYJOa2MWUxe8E0aHRIgDpsiMG21MACIVg/edit#heading=h.fp3y74i7s4wi
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restating certain provisions #231

Closed ghost closed 9 years ago

ghost commented 9 years ago

§II.1. No law shall deprive any Citizen of the Free Republic of Liberland of one’s right of access to information which relates to any aspect of the functioning of the Public Administration which is not classified; information shall be classified by a responsible Secretary of State with the express and informed consent of two-thirds of all Assembly Representatives as discussed in camera, and for the purposes of national security only, and for a period not exceeding one year; no Person shall be prosecuted for disclosure of classified information if that piece of information proves or could be reasonably believed to prove that any Agent of the Public Administration has breached, remains in breach of or intends to breach the law or the Constitution.

§II.15. No law shall prohibit video and/or audio recording of any Agent of the Public Administration in public space or all other areas where there is no reasonable expectation of privacy and whilst on duty; all Assembly debates and votes, other than the debate and vote on the classification of information, and all decisions of any Court, other than proceedings involving Agents of the Law Enforcement still acting undercover, shall be recorded and archived and made available to the general public contemporaneously; the affairs of the Assembly and the Supreme Court shall be video recorded and made public contemporaneously.

§II.9. No law shall abridge the freedom of thought and religion, and expression thereof; no Person shall have the right to be protected from opinions of others where expressed peacefully.

§II.26. No law shall promote or hinder any religion, gender or specific community; no special rights or privileges shall be conferred on any Person due to one's gender, religious belief, cultural background and/or any other attribute.

§I.10. All Warrants in the Free Republic of Liberland, other than the Supreme Warrant, shall be issued by a Judge of the Criminal Court upon request by an Agent of the Law Enforcement and shall be supported by evidence of probable cause; such Warrants shall be as detailed as possible and shall refer to one Person only; every Warrant granted for a continuous action shall expire no later than after one year and shall be renewed by another Judge in accordance with ordinary procedure.

§I.8. All Members of the Public Administration shall hold the citizenship of the Free Republic of Liberland; all Individuals holding the citizenship of the Free Republic of Liberland shall have the right to register for participation in all elections and referendums in the Free Republic of Liberland.

terrorist96 commented 9 years ago

For II.40, you could replace 'personal connection' with 'nepotism'. Sounds cleaner and more consise.

or in easily accessible areas belonging to the Public Administration

So they can be filmed outside in a park, but not if they step inside a restaurant? And they can't be filmed inside a non-easily accessed area owned by the PA? Like inside a public building with security guards at the entrance?

no Person shall be prosecuted for disclosure of classified information if that piece of information proves or could be reasonably believed to be prove that any Agent of the Public Administration has breached, remains in breach or intends to breach the law or the Constitution.

So we'd also get rid of II.26?

§II.15. No law shall prohibit video and/or audio recording of any Agent of the Public Administration in public space or in easily accessible areas belonging to the Public Administration and whilst on duty; all Assembly debates and votes, other than the debate and vote on the classification of information, and all decisions of any Court, other than proceedings involving Agents of the Law Enforcement still acting undercover, shall be recorded and archived and made available to the general public contemporaneously; the affairs of the Assembly and the Supreme Court shall be video recorded and made public contemporaneously.

§II.26. No law shall promote or hinder any religion, gender or specific community; no special rights or privileges shall be conferred on any Person due to one's gender, religious belief and/or cultural background.

I would add 'and/or any other attribute.' as a catch-all phrase.

such Warrants shall be as detailed as possible and shall refer to one Person only, no group Warrants shall be issued;

The part about group Warrants seems unnecessary since you say it can only refer to one Person only.

I.8

So delete I.9 then?

ghost commented 9 years ago

II.26 was merged with II.1 and II.15 without changing the content. I used the number to make a new provision.

What I meant to say by 'easily accessible' was that they could be taped in the building unless they talk behind closed doors. Any better idea?

I.8 was merged with I.9.

The rest of your suggestions adopted accordingly.

terrorist96 commented 9 years ago

no Person shall be prosecuted for disclosure of classified information if that piece of information proves or could be reasonably believed to prove that any Agent of the Public Administration has breached, remains in breach of or intends to breach the law or the Constitution.

One more edit.

no special rights or privileges shall be conferred on any Person due to one's gender, religious belief, and/or cultural background, and/or any other attribute.

Regarding the filming, I don't know. I'm still uneasy about having any restrictions. It should be allowed everywhere as the default with certain exceptions provided for in the law (like no filming in a public restroom).

ghost commented 9 years ago

No law shall prohibit video and/or audio recording of any Agent of the Public Administration in public space or all other areas where there is no reasonable sense of privacy and whilst on duty...

???

terrorist96 commented 9 years ago

No law shall prohibit video and/or audio recording of any Agent of the Public Administration in public spaces or all other areas where there is no reasonable sense expectation of privacy. and whilst on duty

:D

ghost commented 9 years ago

this is a free pass for massive surveillance xD

terrorist96 commented 9 years ago

We already forbid surveillance without a warrant though.

ghost commented 9 years ago

so your provision would be inconsistent with this ban it's unclear and too wide IMO I would stick to the recording of Agents - this is clearly aimed at controlling police officers during their interventions

terrorist96 commented 9 years ago

What about a news organization or blogger who is recording in public in general? This would be unprotected activity unless an agent of the PA is in the film.

ghost commented 9 years ago

Im not sure it needs constitutional protection. I'll think about that.

terrorist96 commented 9 years ago

I think it does. Otherwise, the government in the US would love to ban this kind of activity if it weren't for the first amendment.

terrorist96 commented 9 years ago

Or to only provide such protections to official news organizations (mouth pieces of the federal government), but to forbid independent news media/bloggers from engaging.

ghost commented 9 years ago

OK, I'll open a separate issue on that.

ghost commented 9 years ago

see #238 for discussion