Constitucion civil codes comercial codes penal codes Judicial branch Rule of law

Started by Lathari, March 31, 2012, 06:38:13 AM

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Lathari

Hello I am New to Siege but I love it already.  This shard may not have the highest population, but its not quantity that matter its quality.  Player run cities, and the old rule set makes this game what it really is.  However I really do believe that Gilfane has the potential for it to be alot more, and so does siege.  I would like to incorporate a constitution based on the values of Gilfane.  Its a but slanted towards role play and I know theres not much of that now a day on siege.  Even if you arent intrested in role play there is alot that can be accomplished by having rule of law.  For example having a player run bank that pays intrest for your money and loans money out to those that need help in establishing a buisness, wether in be a mining company, a crafter that need resources, or a shop keepers that wants to buy items and wants to sell them.  The creation of capítal and savings with the flow of credit can help grow our comunity to new hieghts.  Also, it would add another special element to siege that might get bored players from other shards to give it a try.  Well heres what I started so far as a constitucion for Gilfane.  I hope it is well recieved.


                                           Constitution of the Republic of Gilfane

                                                        Chapter I
                                           Bases of the Institutionality

Article 1°.- All humans, elves, and gargoyles are born free and equal in dignity and rights.  The State of Gilfane recongnises and protects all groups through which society organizes it self and guarantees them adequate autonomy for fulfilling its objectives.
            The State of Gilfane is at the service of all humans, elves and gargoyles and its objective is to promote the general welfare of its citizens.  Which it will do by contributing in creating the necessary social conditions that allow all of its citizens to achieve the realization of their material and espirtual needs, while respecting the individual rights guaranteed by this Constitution.
            It is the duty of the State of Gilfane to maintain the peace, national security, the protection of its population, and to promote the integration of all the members of its nation.  Assuring all member the right to take part in the conduct of public affairs, directly or through freely chosen representatives

Article 2°. - The State of Gilfane is composed of diferente Gilfane houses, that have its own guild leaders, guild halls, customs, and laws.  All Gilfane citizens are first loyal to the State of Gilfane, and second to the house which they belong.  The laws of the State of Gilfane supersede those of any Gilfane house.

Article 3°.-  Sovereignty resides in the Nation of Gilfane which is exercised by its people through popular elections, and the authorities invested by this constitution.
            The exercise of sovereignty is limited by the respect of individual rights recognized in this Constitution or other ratified treaties.

Article 4°.- All organs of the State of Gilfane shall submit thier actions to the Constitution and the norms dictated in its conformity.  This Constitution obligates all citizens of the state of Gilfane, including Gilfane houses, its leaders, prelates, keeper, and any other organization or institution.  Any violation to this norm will generate the corresponding liabilities and sanctions.

Article 5°.-  Act of organs of the state are only valid when its members have been previously invested with the proper authority, act within its capacity, and in the form prescribed by the law.
            No magistrate, person, nor group of person can attribute themselves, even under pretext of extraordinary circumstances, any other authority or rights then explicitly prescribed by the constitution or its laws.
            Any act in violation of this article is void and will originate the responsibility and sanctions established by the law.




Chapter II
Membership

Article 6°.- Any human, elf, or gargoyle may apply for membership as long as they are friendly and generally virtuous. The procedure for obtaining membership shall be established by the law and protocols.

Article 7°.- The lost of membership will result from:
1.      Voluntary resignation manifested before a competent Gilfane authority.
2.      Joining another Guild
3.      Being convicted of a crime that establishes the lost of membership as a penalty
4.      By decree of the Keeper
5.      Any other reason previously established by a law

Chapter III
Civil and Political Rights

Article 8.- This Constitution guarantees all its members:
The inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Equality before the law.  In Gilfane there are no privileged groups nor individuals.  In Gilfane there are no slaves, and anyone who touches its land is free.  Nor the law nor any authority may arbitrarily discriminate. Female and male humans, elf, and gargoyles are all equal before the law.
Equal protection from the law in the exercises of their rights.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence
No one may be judged by special commissions. Only tribunals established by law before the crime was perpetrated may exercises jurisdiction.
Nullum crimen, nulla poena sine praevia lege poenali.  No crime may be punished with another penalty prescribed by a law sanctioned before the act was perpetrated.  No law may establish penalties without the conduct being explicitly described.
The right to privacy and honor.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.
Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
Everyone shall have the right to hold opinions without interference.  Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.  The exercise of the rights provided carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
For respect of the rights or reputations of others;
For the protection of national security and public order
Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
The right to bear arms

Vortex

I'm not sure Hoffs will ratify anything that guarantees rights for elves.  :P