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Real Democracy without a solid consitution would be like a ship without a rudder twisting in the wind. The Swiss Government has kindly given assent for us to use their consitution as a model for a New World Consitution. We are grateful to them for providing this excellent starting point. We invite you to read it and add any comments you may have to our forum. Preamble In the name of Love, Sharing and Co-operation! We, the Earth's People, Whereas we are mindful of our responsibility towards creation; Resolving to renew our alliance to strengthen liberty and democracy, independence and peace in solidarity and openness towards the World; Determined to live our diversity in unity respecting one another; Conscious of our common achievements and our responsibility towards future generations; and Knowing that only those remain free who use their freedom, and that the strength of a people is measured by the welfare of the weakest of its members; Therefore we adopt the following Constitution: Title 1 General Provisions Article 1 The People of The World (This is to indicate any individuals who wish to adopt the positive attitudes of this constitution and can also include any village, town, city, region or country that has expressed this desire through an open referendum.) Article 2 Purpose (1) All those joining in this expression do so intending to protect the liberty and rights of all people, safeguarding independence and security, and actively promoting that this common mutually beneficial framework be afforded to all who value and desire freedom. (2) It promotes common welfare, sustainable development, inner cohesion, and cultural diversity of the World. (3) It ensures equal opportunities for all citizens to the extent possible. (4) It strives to safeguard the long-term preservation of natural resources and to promote a just and peaceful international order. Article 3 Home Rule All areas require the majority approval of it's citizens to instigate change. Towns, cities, areas and social services are responsible to seek the will of the people directly concerned with issues and to work toward making that will a reality. Methods adopted can be individual and need not conform to those adopted by other areas with different needs. For the common good, all methods and changes should fall within the guidelines of this constitution. A Maintenance Organisation consisting of hired individuals qualified to oversee the general maintenance of public services will be set up to maintain necessary operations. Any of these can be fired at any time by public initiative, if their services prove to be below acceptable standards. Article 4 Languages There is no official language. Article 5 Rule of Law Until this constitution becomes law in any area, it encourages all who agree with it's principals to campaign peacefully towards its reforms, from within whatever regime they may be under. As this constitution's authority needs to grow from citizens approval as a grass roots movement, and is not likely to benefit from legislation generated by the institutions it is set to replace, it is understood that change will be gradual and not likely an overnight process. Considering this, it proposes that law enforcement be headed away from punishment and towards law encouragement, with society providing benefits for those who respect others and their property, while removing those benefits from those who don't for a time. Prevention methods are to be given priority. To this end we should have an education system which instills moral values and social responsibility, being separate but capable of working along side religious teaching. Method which have been successful such as having offenders meet victims could be expanded to demonstrate the effects of crime to non offenders before the fact, to discourage such crimes in the first place.
During this gradual transition, while the jury system remains, to insure convictions are beyond a reasonable doubt, any juror voting to convict a person who is later proven beyond a doubt to be innocent will be required to serve the sentence imposed on the person they convicted. This would exclude cases where evidence was fabricated, incomplete or deliberately misleading. In such cases any person found to have tampered with evidence would be libel to serve the time concerned. Those convicted of serious violence or murder will automatically be treated as insane and confined to receive humane medical treatment until they are deemed well again by three independent medial experts. All actions of theft, arson and vandalism will require the convicted offender to make restitution to their victims. There are to be no victimless crimes. (1) The law is the basis and limitation for all activities of the state. (2) State activity must be in the public interest and proportional. (3) State institutions and private persons must act in good faith. (4) Everyone holds to respect international law. Article 6 Individual and Social Responsibility Every person is responsible for him- or herself and advances, according to his or her abilities, the goals of state and society. Title 2 Basic, Civil, and Social Rights Chapter 1 Basic Rights Article 7 Human Dignity Human dignity ought to be respected and protected. Article 8 Equality (1) Everyone is equal before the law. (2) Nobody may be discriminated against, namely for his or her origin, race, sex, age, language, social position, way of life, religious, philosophical, or political convictions, or because of a corporal or mental disability. (3) Men and women have equal rights. The law provides for legal and factual equality, particularly in the family, during education, and at the work place. Men and women have the right to equal pay for work of equal value. (4) The law provides for measures to eliminate disadvantages of disabled people. Article 9 Protection Against Arbitrariness and Preservation of Good Faith Every person has the right to be treated by state institutions without arbitrariness and in good faith. Article 10 Right to Life and Personal Freedom (1) Every person has the right to life. The death penalty is prohibited. (2) Every person has the right to personal liberty, particularly to corporal and mental integrity and freedom of movement. (3) Torture and any other form of cruel, inhuman, or degrading treatment or punishment are prohibited. Article 11 Protection of Children and Adolescents (1) Children and adolescents have the right to special protection of the personal integrity and to promotion of their development. (2) They exercise their rights according to their capacity to discern. Article 12 Right to Aid in Distress Whoever is in distress without the ability to take care of him- or herself has the right to help and assistance and to the means indispensable for a life led in human dignity. Article 13 Protection of Privacy (1) Every person has the right to receive respect for his or her private and family life, home, and secrecy of mail and telecommunication. (2) Every person has the right to be protected against abuse of personal data. Article 14 Right to Marriage and Family The rights to marriage and family are guaranteed. Article 15 Freedom of Religion and Conscience (1) The freedom of religion and conscience is guaranteed. (2) Every person has the right to freely choose his or her religion or non-denominational belief and to profess them alone or in community with others. (3) Every person has the right to join or belong to a religious community and to receive religious education. (4) No person may be forced to join a religious community, to conduct a religious act or participate in religious education. Article 16 Freedom of Opinion and Information (1) The freedom of opinion and information is guaranteed. (2) Every person has the right to form, express, and disseminate opinions freely. (3) Every person has the right to receive information freely, to gather it from generally accessible sources, and to disseminate it. Article 17 Freedom of the Media (1) The freedom of the press, radio and television, and of other forms of public broadcasting of productions and information is guaranteed. (2) Censorship is prohibited. (3) Editorial secrecy is guaranteed. (4) Individuals and organisations must meet inflation control and environmental standards before being allowed to advertise. (5) All publications and broadcasts must provide 3% of their media space to allow public advertising to praise companies maintaining good standards while naming and shaming those who fall short of what is acceptable. Article 18 Freedom of Language The freedom of language is guaranteed. Article 19 Right to Primary Education The right to sufficient and free primary education is guaranteed. Article 20 Freedom of Science The freedom of scientific research and teaching is guaranteed. Article 21 Freedom of Art The freedom of art is guaranteed. Article 22 Freedom of Assembly (1) The freedom of assembly is guaranteed. (2) Every person has the right to organise assemblies, to participate in or to abstain from them. Article 23 Freedom of Association (1) The freedom of association is guaranteed. (2) Every person has the right to form associations, to join or to belong to them, and to participate in their activities. (3) No person shall be forced to join or to belong to an association. Article 24 Freedom of Domicile (1) Citizens have the right to establish their domicile anywhere within the world. (2) They have the right to leave or to return to that domicile once it is established. (3) They have a right to change their domicile providing this is done peacefully with consent of all affected. Article 25 Protection against expulsion, extradition, and removal by force (1) Citizens may not be expelled from their area; they may be extradited to a foreign authority only with their consent. (2) Refugees may not be removed by force or extradited to a state in which they are persecuted. (3) No person shall be removed by force to a state where he or she is threatened by torture, or another means of cruel and inhuman treatment or punishment. Article 26 Right to property (1) The right to property is guaranteed. (2) Expropriation and restrictions of ownership equivalent to expropriation shall be fully compensated. Article 27 Economic Freedom (1) Economic freedom is guaranteed. (2) It contains particularly the freedom to choose one's profession, and to enjoy free access to and free exercise of private economic activity. Article 28 Freedom to Unionise (1) Workers, employers, and their organisations have the right to unionise for the protection of their interests, to form unions and to join or refrain from joining them. (2) Conflicts shall be resolved to the extent possible through negotiation and mediation. (3) Strike and lockout are permitted when they relate to labour relations, and when they are not contrary to obligations to keep labour peace or to resort to conciliation. (4) Legislation may prohibit certain categories of persons from striking. (5) Any involved in Social Services shall have the right to vote on issues concerning that service. Article 29 General Procedural Guarantees (1) Every person has the right in legal or administrative proceedings to have the case treated equally and fairly, and judged within a reasonable time. (2) The parties have the right to be heard. (3) Every person lacking the necessary means has the right to free legal assistance, unless the case appears to be without any chance of success. The person has moreover the right to free legal representation, to the extent that this is necessary to protect the person's rights. [Article 29a Guarantee of Legal Proceedings Every person has the right to have legal disputes judged by a judicial authority. Article 30 Judicial Proceedings (1) Every person whose case must be judged in judicial proceedings has the right to have this done by a court that is established by law, has jurisdiction, and is independent and impartial. Exceptional tribunals are prohibited. (2) A person against whom a civil action is brought has the right to have the case heard before the court at the person's domicile. Legislation may provide for another jurisdiction. (3) The court hearing shall be public, and the judgment shall be publicly proclaimed. Article 31 Habeas Corpus (1) No person may be deprived of liberty except in the cases and in the forms provided by statute. (2) All persons deprived of their liberty have the right to be informed immediately, and in a language that they understand, of the reasons for their detention, and of their rights. They must have the opportunity to assert their rights. In particular, they have the right to have their close relatives informed. (3) Every person taken into preventive detention has the right to be brought before a judge without delay; the judge shall decide whether the person shall remain in detention or shall be released. Every person in preventive detention has the right to be judged within a reasonable time. (4) All persons who are deprived of their liberty without a trial have the right to seize a court at any time. The court shall decide as soon as possible whether the detention is legal. Article 32 Criminal procedure (1) Every person shall be presumed innocent until the person is subject to a condemnation having force of law. (2) Every accused person has the right to be informed as soon as possible and in full detail of the accusations. The person must have the opportunity to exercise its means of defence. (3) Every condemned person has the right to have the judgment reviewed by a higher court. Article 33 Right of Petition (1) Every person has the right to address petitions to authorities without suffering prejudice. (2) The authorities must take cognisance of petitions. Article 34 Political Rights (1) The political rights are guaranteed. (2) The guarantee of political rights protects the free formation of opinion by the citizens and the unaltered expression of their will. (3) As government comes directly from the people, political parties are unnecessary and contrary to the individuals right to decide. Article 35 Realisation of Fundamental Rights (1) The fundamental rights shall be realised in the entire legal system. (2) Whoever exercises a function of the state must respect the fundamental rights and contribute to their realisation. (3) The authorities shall ensure that the fundamental rights also be respected in relations among private parties whenever the analogy is applicable. Article 36 Limitations of Fundamental Rights (1) Any limitation of a fundamental right requires a legal basis. Grave limitations must be expressly foreseen by statute. Cases of clear and present danger are reserved. (2) Any limitation of a fundamental right must be justified by public interest, or serve for the protection of fundamental rights of other persons. (3) Limitations of fundamental rights must be proportionate to the goals pursued. (4) The essence of fundamental rights is inviolable.
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