COM:Constitution

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In the following document, we the people of the Resistance of Terra. Declare the fundamental rights of all beings in out territory as defined in the Commonwealth Charter.

Valkeria, Genesis Prime, January 9th 3375.

Chapter 1: Fundamental rights

Article 1

All that are in Commonwealth space, will be treated equally. Discrimination due to religion, life choices, political leaning, race, species, gender, handicap, sexual orientation or for any other reason, is strictly prohibited.

Article 2

1. The law regulates who is a Commonwealth citizen.
2. The law regulates the admission and deportation of aliens.
3. Extradition can only take place pursuant to a treaty. Further provisions regarding extradition are established by law.
4. Everyone has the right to leave the country, except in cases determined by law.
5. Local governments are defined as planet to star system sized jurisdictions.
   1. Local governments are expected to obey federal law.
6. The federal government is defined as the Senate, Supreme Court and the Directorate.

Article 3

1. Everyone has the right to adequately defend themselves, with lethal force if needed.
2. Use of lethal force is subject to limitations imposed by the law.

Article 4

1. All Commonwealth citizens have the right to assembly and peaceful protest.
2. The law may establish rules to protect health, in the interest of traffic and to combat or to prevent public disorder.

Article 5

1. No one needs prior permission to publish thoughts or feelings through the press, subject to everyone's responsibility under the law.
2. The law sets rules for CommNet and HoloNet. There is no prior oversight of the content of a CommNet and HoloNet broadcast.
3. No one needs prior permission to express thoughts or feelings by means other than those mentioned in the preceding paragraphs on account of the content thereof, subject to everyone's responsibility under the law.
4. The preceding paragraphs do not apply to the making of commercial advertising.

Article 6

1. Everyone has the right to freely manifest his or her religion or belief, either individually or in community with others, subject to his or her responsibility under the law.
2. The law may establish rules regarding the exercise of this right outside buildings and enclosed places to protect health, in the interest of traffic and to combat or prevent disorder.

Article 7

1. Every citizen has the right to submit petitions to local governance or the Commonwealth Senate.
2. The law may establish rules regarding the exercise of petitioning the government.

Article 8

1. Everyone has the right to respect for his or her private life, subject to any restrictions imposed by or pursuant to law.
2. The law establishes rules for the protection of personal privacy in connection with the recording and provision of personal data.
3. The law establishes rules regarding the rights of persons to be informed of data recorded about them and the use made of it, as well as to correct such data.

Article 9

Everyone has the right to the inviolability of their body, subject to any limitations imposed by or pursuant to law.

Article 10

1. Everyone has the right to respect for their private life, subject to any restrictions imposed by or pursuant to law. Mobile or immobile.
2. To enter in accordance with the first paragraph, prior identification and notification of the purpose of entry are required, except in cases where otherwise provided by law.
3. The resident will be provided with a written report of the entry as soon as possible. If the entry was made in the interest of national security or criminal prosecution, the provision of the report may be postponed according to rules to be established by law. In cases to be determined by law, provision may be omitted if the interest of national security consistently prevents it.

Article 11

1. Everyone has the right to respect for the confidentiality of his correspondence and telecommunications.
2. Restrictions on this right may be imposed in cases determined by law with the authorization of a court or, in the interests of national security, by or with the authorization of those designated for that purpose by law.

Article 12

1. No one shall be deprived of his liberty except in cases determined by or pursuant to law.
2. Anyone deprived of liberty other than by court order may request their release from the court. In that case, they will be heard by the court within a period determined by law. The court will order immediate release if it deems the deprivation of liberty unlawful.
3. The trial of a person deprived of liberty for that purpose shall take place within a reasonable time.
4. A person who has been lawfully deprived of his liberty may be restricted in the exercise of fundamental rights to the extent that such restrictions are incompatible with the deprivation of liberty.

Article 13

No act is punishable except by virtue of a preceding statutory penal provision.

Article 14

1. Everyone can obtain assistance in legal proceedings and in administrative appeals.
2. The law sets rules regarding the provision of legal aid to persons with limited financial resources.

Article 15

1. Promotion of sufficient employment is a matter of concern to Commercial agencies and the government.
2. The law lays down rules regarding the legal position of those who perform work and their protection in that regard, as well as regarding participation.
3. The right of every Commonwealth citizen to freely choose employment is recognized, subject to any restrictions imposed by or pursuant to law.

Article 16

1. Everyone has the right to fulfill their basic needs.
2. Needs are considered basic if they are needed to sustain life.
3. Law may be established to limit profit for these needs.

Article 17

1. The security of the population and the distribution of prosperity are the subject of concern of the government.
2. The law sets rules regarding entitlements to social security.
3. Citizens in this country who are unable to provide for themselves have a right to government assistance, as regulated by law.

Article 18

The government's concern is aimed at the habitability of commonwealth territory .

Article 19

1. All citizens of the Terran Commonwealth Reserve the right to elect representatives on both a local level and on a federal level.
2. All citizens reserve the right to run and be appointed to a public office on both a local level and a federal level. The law sets rules regarding election and appointment of office.

Article 20

1. The government is taking measures to promote public health.
2. Promotion of adequate housing is a matter of concern to the local government.
3. It creates conditions for social and cultural development and for leisure activities.

Article 21

The Education of citizens is a matter of concern of the local government, regulated by the federal government.

Article 22

The six core values of the Terran Commonwealth as signified by the commonwealth insignia and flag, are denoted below:

• Democracy
• Justice
• Security
• Health
• Transparency
• Innovation

Chapter 2: Government

Article 23

The federal government is divided into the following branches:

• Executive branch, known as the Directorate
• Legislative branch, known as the Commonwealth Senate
• Judiciary branch, known as the Supreme Court
• Military branch, known as the Terran Commonwealth Armed Forces.
  • The military branch is under jurisdiction of the Department of Defense of the Directorate.

Article 24

1. The executive branch serves under direction of the Chancellor's office.
2. The chancellor is elected into office as per article 19.
3. The service limit for both the Chancellor and Senators is limited to a maximum of 4 years
4. A Chancellor can serve no more than 3 terms
5. A Senator Can serve no more than 8 years or two terms, as long as article 19 is not violated
6. The Supreme Court reserves the right to submit a notice of distrust against the Chancellor
   1. Citizens reserve the right to petition the supreme court to submit such notice.
7. The Chancellor has no supreme authority over the military.
   1. Orders coming from the Chancellor directly can be refused as per all articles in this constitution.
   2. The Supreme Court decides if a order is unlawful after refusal

Article 25

1. Senators are representatives for a area of territory that can be no bigger than a star system, and can be no smaller than a single planet.
2. Senators are chosen by citizens as per article 19.
3. There can be no more or less than 2 senators per jurisdiction at the time.
4. Citizens and the supreme court reserve the right to submit a notice of distrust.
   1. Only citizens of a Senator's jurisdiction can submit a notice of distrust.
5. The Senate Deliberates about new legislature and presents these to the Supreme Court.
6. The Chancellor requires to sign the new legislature before it becomes law.
   1. The Chancellor reserves the right to refuse to sign the bill.

Article 26

1. The directorate ensures all operations of the federal government run smoothly.
2. The Directorate is divided into several departments:
   1. Department of Internal affairs
   2. Department of Foreign affairs
   3. Department of Corporate affairs
   4. Department of Justice
   5. Department of Defense
   6. Department of Finance
   7. Department of Transparency
   8. Department of the Environment
   9. Department of Education
   10. Department of Basic Needs
   11. Department of the Electorate council
   12. Department of Healthcare
   13. Department of Innovation and Labour
3. All departments must be headed by a Director.
4. All directors have the same term limits as the Chancellor as per Article 24.3
5. Directors can be removed from office by order of the Chancellor.
6. All Directors must have at least 25 years of experience in the field their department specializes in.
   1. This is verified by the Department of Innovation and Labour

Article 27

1. The supreme court consists of 11 Justices, all justices must have at least 10 years of experience in judiciary or commercial legal representation.
2. A Justice serves for 20 years and can only be removed by unanimous vote of the Senate.
3. The supreme court reserves the right to deny a bill from the Senate based on constitutional concerns.

Article 28

1. The military branch is under command of the Admiralty
2. Admiralty members are not subject to term limits.
   1. Civilians reserve the right to petition the supreme court to remove a admiralty member.
   2. Admiralty members can be assigned term limits by the Senate.
3. The Department of Defense reserves the right to remove an admiralty member from office
4. The Admiralty has six members, one for every military branch and the Grand Admiral, who serves as the commander in chief.
5. The Admiralty reserves the right to refuse orders that directly violate this document or other law.
6. The Admiralty reserves the right to declare martial law. See the Core Directive, Protocol 12
   1. The admiralty must prove to the Supreme Court and Department of Defense that martial law is required.
      1. The Supreme court set limits to martial law time limits and area of effect.
      2. Unauthorized use of Protocol 12 is grounds for removal of the entire admiralty board.
7. The Admiralty reserves the right to remove anyone from the Executive branch in case of violations of this Constitution. See the Core Directive, Protocol 66
   1. Use of Protocol 66 must be authorized by the Supreme Court
   2. Supreme Court Justices and Senators are exempt from Protocol 66.
   3. The Director of Defense is exempt from protocol 66
   4. Unauthorized use of protocol 66 is considered treason.
      1. Authorized use is defined in the Core Directive.

Article 29

1. The Supreme Court reserves the right to serve any political official with a notice of distrust if petitioned by another body or the public.
2. Once the official has been served, then the Supreme Court must convene an impeachment hearing within 3 months.
3. The Supreme Court reserves the right to impeach any legislative, executive or military official.
   1. This is only the case if the official has been served with a notice of distrust and has had an impeachment hearing.
4. The official served with this notice is attributed all fundamental rights as defined in chapter 1