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Kodiak Universal Rights, 650: Difference between revisions

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''A bill to repeal and give further effect to the rights and freedoms granted under the Kodiak National Rights Act 642; to expand upon The Guarantees outlined in Article 4 of the Constitution of the Seventh Republic of Kodiak.''<br><br>
ACTIONED on ## MONTH YEAR with ## Aye, ## Nay, ## Abstain
 
<div class="noautonum">__TOC__</div>
__NOTOC__
 
==Introduction==
===Article 1 - Introduction===
Line 72 ⟶ 74:
:14.2 - No person shall have their rights as outlined in this Act contravened on the basis of those statuses outlined in paragraph 1 of this Article.
===Article 15 - Right to self determination===
:15.1 - Everyone has the right to freely choose their own identity, live according to this identity which shall be respected; and make decisions about their life, body and well-being. An identity of a person includes identities of sexuality and gender expression.
:15.2 - Everyone has the right to live according to their gender identity or sexuality and no public body should act to contravene this right.
:15.3 - Everyone has the right to seek abortion according to the laws of the State.
===Article 16 - Right to education===
:16.1 - Everyone shall have the right to access education. The State will ensure that educational providers meet an adequate standard of education for all persons.
===Article 17 - Right to free and fair elections===
:17.1 - The State shall hold free elections at reasonable intervals by secret ballot, under conditions which ensure the freedom of expression of the people within the selection of their representatives to the legislature.
===Article 18 - Right to possessions===
:18.1 - Everyone is entitled to the peaceful enjoyment of their possessions.
===Article 19 - Freedom from abuse of rights===
:19.1 - No person shall exercise their rights in such a way that it would contravene or destroy the rights of others.
===Article 20 - Restrictions on rights===
:20.1 - Where necessary, as is appropriate in the operation of a democratic society, a person may be deprived of their rights in the case where there is a threat to –
::20.1.1 - public safety;
::20.1.2 - national security;
::20.1.3 - public health;
::20.1.4 - national economic well-being;
::20.1.5 - the rights and freedoms of others;
::20.1.6 - law and order;
:20.2 - Restrictions on rights according to 1a through f are referred to in this document as “reservations”.
 
==Interpretation==
===Article 21 - Interpretation of the Universal rights===
:21.1 - The ultimate judicial authority in connection with the Universal rights under domestic law shall be the High Court of the Republic.
:21.2 - A court that is determining a question in connection with a Universal right –
::21.2.1 - may have regard to the law of any right which is similar to the Universal right;
::21.2.2 - must comply with Articles 21 through 24.
:21.3 - A court may not later adopt an interpretation of a Universal right that would require a public authority to comply with a positive obligation.
::21.3.1 - A “positive obligation” in this Article means a necessity to perform any act.
:21.4 - The court may make a declaration that the provision of primary legislation is incompatible with a Universal right if –
::21.4.1 - a court is satisfied that a provision of primary legislation is incompatible with a Universal right, or
::21.4.2 - a court is satisfied that a provision of any subordinate legislation is incompatible with a Universal right.
:21.5 - A declaration of incompatibility means that the law is considered unconstitutional and is therefore null and void in accordance with 3.8 of the Constitution of the Seventh Republic of Kodiak.
===Article 22 - Freedom of speech===
:21.1 - When considering a question which has arisen concerning the right to free speech, a court must give great weight to the protection of that right.
:21.2 - In this Article “the right to free speech” is outlined in Article 11 (right to expression) in the capacity of imparting ideas, information, or opinions by means of speech, sign, writing, images or any other means of communication.
:21.3 - This Article does not apply –
::21.3.1 - in criminal proceedings; or proceedings in which it is to be determined whether a new piece of legislation is in contravention with a Universal right;
::21.3.2 - to any question pertaining to –
:::21.3.2.1 - whether a person has the right to enter, or remain in, the Kodiak Republic, or
:::21.3.2.2 - the citizenship of a person;
::21.3.3 - to any question the determination of which may affect national security.
===Article 23 - Public safety===
:23.1 - The court must give the greatest possible weight to the importance of reducing the risk of the public from persons who have committed offences for which they are being held in custody.
:23.2 - Section 1 applies where –
::23.1.1 - a court is determining if a Universal right of a person has been breached, and
::23.2.2 - the person was, at the time of the alleged breach, held in custody for an offence for which they had been convicted.
:23.3 - Particularly, section 1 applies when there is a decision to be made –
::23.3.1 - for the release of any person subject to a custodial sentence from custody
::23.3.2 - for the transfer of any person subject to a custodial sentence to another prison, or to another location within the prison.
===Article 24 - Decisions of the General Assembly===
:24.1 - The court must –
::24.1.1 - view that having decided, though the passing of any Act, that the General Assembly believes the Act strikes an appropriate balance –
::24.1.1.1 - between different Universal rights;
::24.1.1.2 - between different policy aims;
::24.1.1.3 - between the Universal rights of different persons; or
::24.1.1.4 - between any such combination of i-iii above; and
::24.1.2 - give the greatest possible weight to the role of the General Assembly in striking such balances as is its role in the parliamentary democracy of the Kodiak Republic.
:24.2 - This article applies where –
::24.2.1 - a court is determining an incompatibility question concerning a provision of an Act, and
::24.2.2 - in the process of determining that question, must decide whether the effect of the provision strikes an appropriate balance between the matters mentioned in 1ai through iv.
 
''Written and Proposed by Tom Westbrook, MGA.''
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