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ConstitutionOfSaltha

Page history last edited by Mace 6 months, 3 weeks ago


 

Salthan Constitution

 We, the people of Saltha, united as one come together, under the guidance of Great Santh to rebuild what has  been broken, to restore justice and peace, and purify our land.We hereby affirm the equality and joint leadership of all Salthans. 

 

Article 1 - Rights

 

Section 1 - The Origins of Rights, abolishment of titles of nobility

 We affirm that the origin of rights is from God. and that the government, is accountable to the people and primarily God in administrating justice.  We hereby abolish all forms of rights and titles of nobility, and government at any level shall not grant titles of nobility, nor give special legal privileges or rights to any based on lineage. 


Section 2 - Freedom of speech, writing and religion

No law shall be made that  restricts the freedom of words, spoken or written. Nor shall there be any requirement of beliefs given to any political party or individuals to participate in elections excepting they do not openly call for the crimes be committed.  Nor shall any law restrict peaceful protest. 

 

Section 3 - Freedom of Religion

The National religion of Saltha is Selkakse, however, all people have freedom  to beliefs, and no law shall be made that prohibits, mandates or discriminates against a belief. 

 

Section 4 - Search and Seizure

 No person, or their property shall be searched, or goods seized except for a warrant signed by a member of the lower or upper Senate, or with probable cause.  The goverment shall not seize, or force purchase of property without due compilation, and shown benefit of the people.


Section 5 - Rights of the Accused

The accused has a right to call a hearing, overseen by the other judges in that city, district or National senate of which the trial is being heard to consider barring a senator from judging in cases of conflict of interest, of if the  judge appears to have an unfair disposition towards the accused. The accused  has the right to hear the charges being brought against him from his accuser, and to call foreword witnesses on his behalf. The accused has the right to a speedy trial. No person may be held accountable for a crime against the state such as treason or espinouge except by the National Senate. 

 

Treason shall be defined as fighting in open war against the people of Saltha, or giving aid and comfort to enemies. The Accused has the right to an appeal to a higher senate (be it district or National). If a decision was only heard by the National Senate, the accused has the right to a one time appeal with a fresh body of Senators. 

 
 The accused has the right to not be forced to bring evidence against himself.  A person found innocent of a charge may not be charged again for the same  crime. A person may not be given excessive punishment or fines for a crime.

 

  No person shall be given a flogging unless the crime was of willful destruction and causing lasting physical harm. The punishment of Capital Punishment shall be reserved for those guilty of sexual assault, murder or treason. No punishment shall be given that is excessive or unfitting for the crime. 

 

Except in the case of parents who take on the punishment of minors under their care, Crimes shall not be inherited or passed on to others, only a person shall be held for charges of their own crimes.

 

No person shall be subjected to punishment beyond what is equal to the harm done of the crime committed. In the process of carrying out corporal punishment, only the minimum required clothing shall be removed to carry this punishment out.  No adult shall be punished in the manor of a child., and nor degraded by the act of being uncovered immodestly.

 

Subsection 1- Children

 No child (here defined as a person under the age of 10) shall be charged as an adult or Uagi for crimes, nor be flogged for a crime, nor put into forced servitude by the government to pay a debt. Except in case of repeat offenses, minors charged of crimes shall instead turned over to their parents/legal guardians.  

 

Parents/Legal Guardians will  be held accountable for any dues or  penalties the child under their care they may have otherwise incurred, if deemed to be of a serious enough nature.

 

Addendum (Kete vs. Laila)

However, a child who has  been proven to have committed a crime three times in the single space of a  month (starting on day of first offense), or has committed an offense of a serious nature that has brought harm to another shall be punished as a child the maximum of a switching of up to 15 strikes on the bared bottom.  

 

Subsection 2 - Uagi

 Uagi (those over the age of 10 and under the age of 15) may not be given excessive punishment, greater than one half of the punishment a full adult would receive, and with same requirements to receive such punishment as an adult. 

 

Section 6 - Reserving of Rights

 Rights shall not prescribed herein shall be given to the people

 

Article 2 - The Senate

 It shall be formed a City, district and national senate house. A person may be eligible to vote, or be elected in any senate only if who are the age of 20 years old, have not  been convicted of any crime greater than theft, is a resident for the district they represent,  is not currently paying a debt for a crime. Additionally, a person is only eligible for election if he has not commited a crime to betray the public trust such as embezzlement that otherwise was constituted a minor enough crime to not bar them. Each senate shall from within themselves elect a leader who shall  be given the responsibility of maintaining order of the proceedings and decide in the case of ties for civil disputes. A senator shall be given  due compensation by the government. 

 

Voting in any senate to ratify a law, or deciding civil cases shall require a two-thirds majority. Voting in a case of criminal cases shall require an unanimous vote to either dismiss or convict. 

 

 No law shall on passing shall punish those who would have been found to be violation of a law before it was passed. The time between the ratification of a law and its effect shall be no more than 40 days (A [Salthan] month plus three [Salthan] weeks).

 

 The term for a senator shall be no more than 4 years. There shall be no limit on the number of times a senator may be elected. Every four years a popular election shall be held.  

 

Section 1 - City Senate

 Each city senate house shall consist of a number of persons equal to one for each 30,000 persons with a minimum of 12. Their responsibility shall be to mediate in  civil disputes, to judge in criminal cases and intact and enforce laws for their city.

 

 Section 2 - The District Senate

 Each lower senate house shall consist of persons elected from the  people of their own district. the number of senators shall be equal to that of the total number of city senators in that district. Their responsibility shall be to mediate in  civil disputes, to judge in criminal cases and intact and enforce laws for their district. No cases may be tried, or laws enacted unless  there is present a quorum of at least a majority of the total number.

 

 Section 3 - The National Senate

The upper Senate shall consists of persons equally the total number of the district senators for that district, plus an additional 25 senators representing each district. A National senate member must be a resident of the district he represents, living in that district no less than 2 years. The National Seante shall keep a journal of their  proceedings which will be published to the public, excepting those parts deemed neccesary for secrecy. The National Senate may vote to determine the rules of proceeding, punish an unruly member or dispel a member. The National Senate shall propose and pass laws and work to enforce said laws. The National Senate may also propose amendments to this constitution. The  National Senate shall also judge civil and criminal cases that have been  appealed from the District and City Senates. No cases may be tried, nor any new laws or amendments passed unless there is a quarrum of a majority of at least a majority, and containing no less than a majority for of the senators representing each district.

 

 Section 4 - Limited power of Districts

  No district shall independently make any treaty or trade partnership with a  foriegn power or engage in war except for in  case of  invasion or eminent danger that will not allow delay. All laws of a lower district in order from lowest to greatest of city, distract and national senate are subject to the laws of the senates above them. Whereas any portion of law of a lower senate contradicts of one higher, the portions of the lower courts are invalid. 

 

Section 5 - Limited emergency powers

 No emergency powers shall be granted to a leader of city, district or national senates that does not contain both an actual time limit, and a acknowledged abillity for the senate to hold power to end such powers with a majority vote. Any extension of emergency powers shall be agreed on by a majority vote of the respective body. In no way shall these limitations shall be removed from any emergency power granted. 

 

Section 6 - Barring of Political parties

Barred from participation in elections are individuals or parties that openly support the abolishment of the senate, the establishment of a king of Saltha, or the raising of a power, such as through a new office or granting of powers to the head of senate that is prohibited by Article 1 Setion 5.

 

 

Article 3 - Military Service

 All able-bodied citizens of 15 years of age are required to undergo one month of military training, chosen by random drawing overseen by the ministry of defense. 

 

Article 4 - Amendments 

This constitution shall be amended on the majority vote overall, and of a proposed Amendemt, ratified by at least a majority of each district.  

 

Amendment 1 - Special Elections & Impeachment (Ratified 3 NG)

 

Section 1

On the vacation of a seat  in the Senate a special election shall be held no later than one month after that vacation. This elected senator shall serve the remainder of the previous person's term.

 

Section 2 - Impeachment

The senate may call for a  vote of no confidence on a senator of the same body (city, district or National), or a sub-servant body (a district by  a national senator, or a city within a district senator's district). If a vote passes by majority, the senator shall be removed from office., and an emergency election should be held at the soonest possible time. 

 

Amendment 2 - Foreign Citizenship (Ratified 52 NG)

Any person may become a full citizen of Saltha, with full rights except that of being elected or appointed to a government post. A person who is in good standing with the laws of their country, taken a oath of loyalty to Saltha, pass a written test and is not in way deemed a hazard to saltha shall be admired as a citizen of the republic of Saltha. A person born of at least one citizen of Saltha, whether they are foreign and naturalized or naturally born shall be considered a natural born citizen of the Republic of Saltha. 

 

Amendment 3 - Citizenship Rights & Voting Rights (54 NG)

 No law shall abridge the rights of a citizen, to deny them to life, liberty or possessions, nor their right  to vote, regardless of race or creed. A person of 20 years of age who is neither serving a criminal sentence for any crime nor has been previously convicted of a crime greater than petty theft shall not be barred from voting, regardless of their race or belief. No tax, fee or test may be enacted in coloration with voting as a condition to vote. Nor shall any person legally in the country be discriminated against (such as for wages of equal pay or in service) based on their race, creed or religion.

 

Amendment 4 - Repeal of restrictions (Ratified 104 NG)

Section 5 of article 1 of the constitution is hereby repealed, as is any references to restrictions of speech or requirements of a political party in section 2 article 2. 

 

[Note: It's now legal to advocate for the establishment of a monarchy, though the restrictions on openly calling for illegal activity still stands, so any calls must be through legal means]

 

Amendment 5 - Right to Carry Weapons (Ratified 2100 NG)

An armed force of citizens is necessary to maintain freedom, and to overthrow tyranny. therefore all  people have the right to carry weapons unconcealed in public, and no law shall be made to infringe on this right. No person may carry arms of any kind that is concealed, with the exception  of when  required by office of the military, and only with the proper license to do so.

 

Amendment 6 - Woman's Right to vote (Ratified  2653 NG)

No person shall be refused the right to vote based on their sex.

 

 Amendment 7 - The World Assembly (Ratified September 28th, 2751 KG)

Saltha hereby submits itself to the rules of the World Assembly. On passing of new resolutions, the national senate shall convene next to vote on whether to ratify or reject the new resolution as law.  On a vote to dismiss a law, Saltha shall formerly also cause this amendment to be repealed  and shall formerly terminate membership of the world assembly,  as per the agreements of membership to the world assembly.   

 

 

 

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