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AnarchiconAnarchic Constitution - by Max Rebel
Version 2011.11.12
Section 1. This Constitution
Article 1.1 This Constitution is the supreme law of the Federation, always applicable and binding for everyone and everywhere within the Federation.
1.2 This Constitution declares and guarantees anarchy, i.e. a free, just and peaceful society based on the fundamental principles and values of freedom, equality, solidarity, democracy and secularism. This constitution also declares certain human rights, civil rights, responsibilities, obligations, prohibitions, and other rules for optimal functioning of the good society.
1.3 This Constitution is the binding agreement of the highest level between all citizens of the Federation, achieved and maintained through democratic process. This Constitution is the foundation upon which individuals, groups, organizations and the entire society live and develop.
1.4 Under no circumstances shall this Constitution or its articles be breached, suspended, cancelled or overruled. There is no exception from this article even for a state of emergency of any kind or under occupation, coercion or control by any entity or foreign power.
1.5 This Constitution shall only be amended in times of peace, and never during a state of emergency of any kind or under occupation, coercion or control by any entity or foreign power.
1.6 In case of any possible inconsistency, divergence or conflict between the parts of this Constitution, the following sections have supremacy over the rest of this Constitution:
1.7 This Constitution can be changed, and sections or articles added to, only by the following procedure with the required majority rates:
1.8 Laws created under this Constitution by autonomous and competent administrative divisions of the Federation are in the following referred to as "laws". Relevant articles of this Constitution stipulate which administrative divisions have right to create their own laws under this Constitution.
1.9 This Constitution has always supremacy everywhere in the Federation over any internal or external law, policy, resolution, decision or agreement.
1.10 The order of supremacy of laws, decisions and agreements in the society is as follows, presented with decreasing order of supremacy, where (a) has the highest supremacy:
1.11 Any court decision shall be made by a competent court strictly in accordance with laws under this Constitution. Relevant public policies and resolutions shall have significance for court hearings only in the sense that courts shall take these into consideration in making their decisions, while court decisions can only be challenged by appeal in the court system.
1.12 External, e.g. international, interfederal and global agreements and conventions, shall acquire the status of law only upon their democratic ratification by the citizenry through referendum. If changes to this Constitution and laws are needed as a consequence of the ratification, such changes shall be proposed by the Referendum Council.
2. Life
2.1 Every human being has right to life and dignity.
2.2 No one has right to take the life of another human being.
2.3 No one has right to violate the dignity of a human being.
2.4 Death penalty is prohibited.
2.5 Abortion shall be regulated by law under this Constitution.
3. Freedom
3.1 Every human being has right to maximum freedom.
3.2 Freedom of human being.
4. Equality
4.1 Every human being has right to equality.
4.2 Equality means equal rights, responsibilities, obligations, conditions and opportunities for all human beings regardless of race, colour, ethnicity, gender, sexuality, belief, culture, language, political or other opinion, national or social origin, birth, property or status. Equality implies, among other things, the right of every human being to:
5. Solidarity
5.1 Solidarity is one of the necessary conditions for free, just and peaceful society. Solidarity implies, among other things:
5.2 Solidarity, together with other humanistic values of freedom, equality, democracy and secularism, shall be an inherent part of all teaching and education of every member of the society from early age.
6. Democracy
6.1 Democracy is the basic principle of organization and functioning of the society.
6.2 Democracy means direct democracy. [C6.2] Democracy is a system based on equal rights, responsibilities, obligations, conditions, opportunities and decision-making power for every member of the society in political, economic, social and all other domains of life, without representatives, with agreed majority rate or consensus. The ultimate and supreme power in the society rests always with the assembly and referendum of the citizenry, who make decisions by the principles of direct democracy.
6.3 Democracy is based on the power of the majority balanced by the rights of the minorities and individuals guaranteed by this Constitution and laws. Democratic decisions express the will of the majority, but human rights, civil rights and minority rights shall always be respected. If necessary and possible, special solutions and compromises for satisfying the minority needs shall be strived in the spirit of solidarity.
6.4 Democratic decision-making.
6.5 The Federation is a federal demos, i.e. democratic society organized as communities united by a decentralized-horizontal federation, self-governed by the rule of law made by referendum. Demos is anarchic, secular, non-capitalist and stateless - it is not a state and is not controlled by a state or any other form of hierarchy.
6.6 In the polity, democracy implies the right of every individual to directly and equally participate in decision-making for:
6.7 In the economy, democracy implies:
6.8 In the social domain, democracy implies the right of every individual to directly participate in decision-making in:
6.9 For preparing and conducting referendums and elections, Referendum Councils shall be created. The task of Referendum Councils is to supervise and ensure the democratic process, information, discussion, proposition, voting and closure in assemblies, referendums, councils, elections and recalls of delegates.
6.10 For administrative tasks, Administrative Councils shall be created, made up of recallable, democratically elected delegates. The task of Administrative Councils is coordination, monitoring and supervision of implementation of democratic decisions, public services, projects and institutions, including healthcare, education, defence, police, foreign relations and others, according to the policies and resolutions democratically made by the citizenry.
6.11 All decisions made by any referendum, council or court, workplace or other organization, and policies and resolutions made by the citizenry, shall be in accordance with this Constitution and the applicable laws.
6.12 Councils have no legislative powers. Councils shall not make or change this Constitution, laws, policies, resolutions, or ratify international agreements. Councils shall not make decisions which can act as de-facto laws.
6.13 In cases when potential decisions of councils might not be entirely based on the existing laws, policies and resolutions, the cases shall be presented to the public for democratically creating relevant laws, policies and resolutions before the councils can act by these. Councils shall never alter, override or replace the democratic will of the citizenry, but shall only work for implementing it.
6.14 A council shall elect among its delegates committees dedicated to specific areas of responsibilities.
6.15 A delegate is not a representative, thus a delegate shall not make decisions, vote or act independently from or on behalf of its constituency, but only and strictly in accordance with the policies and resolutions decided by its constituency.
6.16 It is prohibited for political parties and religious organizations to promote or elect delegates. Delegates shall not represent, promote, or act in the interest of political parties or religious organizations.
6.17 Lobbyism and other systems of undue influence by parties or other special interests on democratic decision-making are prohibited.
6.18 Control, monopolization, dominance, centralization, concentration or disproportionate influence on mass media by any individual, group, party, company, other organization or entity is prohibited.
6.19 Democratic decisions shall be made according to the following majority rates and rules:
7. Secularism
7.1 The society is secular.
7.2 Secularism implies that this Constitution, laws and public institutions shall be completely separated from religion. Political, social, economic, educational, legal, constitutional and institutional authority of all forms of organized religion, superstition or spiritualism, of all forms of organized worship of anything natural or supernatural, is hereby abolished. An individual's possible inclination to religion, or religious, superstitious or spiritual concepts shall be reserved to the private sphere.
7.3 Secular values shall be a fundamental principle in all education.
7.4 Every human being has right to freedom of personal religion, and religious, superstitious, spiritual or other beliefs.
7.5 Every human being has right to abandon, renounce, denounce or change the religion, or religious, superstitious, spiritual or other beliefs that the person has previously held.
7.6 Every human being has right to freedom from religion, and religious, superstitious, spiritual and other beliefs.
7.7 It is prohibited for anyone to impose religion, superstition, spiritualism or other beliefs or worship on others.
7.8 It is prohibited for anyone to promote or impose religious teaching, education, indoctrination, influence, identity, brand, symbols or cloths on children.
7.9 It is prohibited for religious groups, organizations and other religious entities of any kind to:
7.10 Religious groups, organizations and entities. A religious group, organization or entity is one identified, characterized, united or organized by religion, cult, faith, belief, superstition, witchcraft, sorcery, deism, spiritualism, astrology, worship, holiness, god, satan, messiah, angel, ghost, spirit or soul. For example: groups identified as Jews, Christians, Muslims and their various branches and sects are religious groups.
7.11 Religious buildings and structures.
7.12 It is prohibited for any person to wear any cloth or other material covering all or part of a person's face in public spaces, institutions and offices [C7.12], with the following exceptions:
8. Civil Rights
8.1 Every human being has right to recognition always and everywhere as person before the law.
8.2 Every person has right to security and freedom from arbitrary or unreasonable arrest, detention or exile.
8.3 Every person has right to privacy and freedom from arbitrary or unreasonable surveillance, searches, seizures, and interference with the person's correspondence and other communication.
8.4 Every person has right to integrity, and freedom from arbitrary or unreasonable interference with the person's life, body, family and home, and from violation of the person's honour and reputation.
8.5 Every person has right to freedom of information.
8.6 Every person has right to freedom of thought and opinion.
8.7 Freedom of expression.
8.8 Every person has right to criticize anyone and anything.
8.9 Every person has right to assembly, association and organization.
8.10 Every person has right to organize and take part in demonstrations.
8.11 Every person has right to organize and take part in strikes.
8.12 No one shall be compelled to take part in any assembly, association, organization, demonstration or strike.
8.13 Personal property.
8.14 No one shall be held responsible for any crime unless proven guilty in court by due process of law.
8.15 Every person has right to an effective remedy by competent entities for acts violating any rights of that person.
8.16 Under no circumstances shall any person be subjected to torture, physical or psychological harm, or cruel, inhuman or degrading treatment or punishment. There is no exception from this rule even for serving justice against crime.
8.17 No citizen or other lawful resident of the Federation shall be extradited to any foreign entity unless all of the following requirements are fully satisfied:
8.18 Asylum for foreign subjects.
9. Children
9.1 A child is a person under 18 years of age, which is the minimum age for adulthood.
9.2 A minor is a child under 10 years of age.
9.3 With the specific exceptions and additions for children declared by this Constitution, children have the same rights, responsibilities and obligations as adults.
9.4 A child, because of its physical and mental immaturity relative to an adult, does not have full individual autonomy of action and decision-making. Lawfully defined or appointed adult caregivers, including parents or social workers, have authority to make certain necessary decisions and appropriate representation for the child, depending on the circumstances. Caregivers' authority shall always serve the child's best.
9.5 Provision. Every child has right to:
9.6 Protection of children. Every child has right to:
9.7 Children before birth. Every unborn child, i.e. child before birth, during mother's pregnancy, has right to protection and care.
9.8 Protection of children. It is prohibited to:
9.9 Empowerment and participation. Every child has right to:
9.10 Upbringing, socialization, teaching and education of children.
10. Family and Kinship
10.1 Every adult person has right, without discrimination, regardless of race, colour, ethnicity, gender, sexuality, belief, culture, language, political or other opinion, national or social origin, birth, property or status, to freely choose and participate in any form and size of voluntary, personal relationship with other persons, e.g. partnership, cohabitation or other forms of family, which can be entered into only with the free and full consent of the involved parties.
10.2 All persons within any partnership, cohabitation or other forms of family have equal rights, responsibilities and obligations during and at the dissolution of such relations.
10.3 Persons in close kinship are spouses, cohabitants, partners, parents and children, grandparents and grandchildren, siblings, cousins, nephews, nieces, aunts, uncles, in-laws, and other relatives by marriage, partnership, cohabitation or other forms of family.
10.4 Persons in close kinship shall not be elected or appointed to, or serve as officials in, any public service:
11. Education
11.1 Education shall be aimed at enlightenment and empowerment of every human being within society, based on humanistic values and the principles of freedom, equality, solidarity, democracy and secularism. Education shall contribute to developing social justice, diversity and tolerance, free and strong character of individual and social cooperation, independent, rational, critical, analytic and creative thinking, intelligent communication, holistic and ecological sense.
11.2 All education and occupational training at any level and subject shall be freely available to every person, depending upon the individual's choice and abilities, regardless of race, colour, ethnicity, gender, sexuality, belief, culture, language, political or other opinion, national or social origin, birth, property or status, or age.
11.3 Every child from 6 to 16 years of age has right and obligation to free, secular education in a public school.
11.4 Decisions in any educational organization that affect students shall be made jointly and democratically, e.g. by the general assembly of teachers and students (and parents, if students are under 18 years of age).
12. Assembly
12.1 General Assembly is the highest decision-making entity within every organization. General Assembly includes all members of an organization [C12.1].
12.2 Decision-making in assemblies shall be done by referendum of its members in accordance with the principles of democracy. All members in assembly have equal rights for receiving information, making propositions, participating in discussions and voting.
12.3 Every assembly shall elect its own Referendum Council and Administrative Council.
13. Referendum
13.1 Referendum is the democratic process for making collective decisions through direct voting. Referendum of the Federation includes all of its citizens.
13.2 Referendum shall be used for:
13.3 Referendum can be initiated by any of the following entities:
13.4 Citizens' Initiative for a referendum shall be endorsed by at least:
13.5 The entity which initiates a referendum has right to formulate the proposal that will be set for voting. The Referendum Council has right to make necessary formal changes to the proposal without altering its essence. In case of disagreement between the initiating entity and Referendum Council concerning the formulation of the proposal, the proposal shall be set for voting as formulated by the initiating entity, presented to the voters together with Referendum Council's comments and alternative.
13.6 Decisions by referendum shall be made with the majority rates specified by this Constitution and laws for those particular categories of decisions. Other decisions by referendum, for which a majority rate is not specified by this Constitution or laws, shall be made with the majority rate and quorum as decided by Referendum Council or a dedicated referendum.
13.7 Prior to voting, every referendum shall provide relevant, timely, sufficient and equal information to all voters, as well as sufficient time, space and opportunity for due deliberations.
13.8 All mass media shall provide fairly equal access, time and opportunity to all groups of opinions.
13.9 Referendum Council is responsible for preparing and conducting referendums.
14. Referendum Council
14.1 Referendum Council is responsible for ensuring the constitutional and democratic process in the society, and due information, discussion, proposition, voting and closure in assemblies, referendums, elections and recalls.
14.2 Every administrative division shall have its Referendum Council, which shall be responsible within its jurisdiction:
14.3 Decisions of Referendum Council are binding within its jurisdiction for Administrative Council and all other public institutions, organizations, services and their branches and representations abroad.
14.4 Only citizens of 30 years of age or older can be elected as delegates in Referendum Councils.
14.5 Referendum Council delegates shall be elected for a period of 2 years. The number of terms for any delegate in the same council shall be limited by 2 consecutive terms, and 3 terms in delegate's lifetime.
14.6 Delegates to every Referendum Council shall be elected from the following groups of communities:
14.7 Referendum Council delegates shall be elected by lottery among candidates who have each received at least the lowest number of 10 000 votes or 10% of the votes of all eligible voters in their respective constituency. Every vote for a candidate is entered in the lottery as one ticket for that candidate. Candidates with more votes will thus have higher probability of being elected. Every citizen can give only one vote to only one candidate. There shall be at least 3 candidates for an election of one delegate.
14.8 Referendum Councils shall consist of the following minimum number of delegates or more:
14.9 Any Referendum Council delegate can be recalled by its constituency. A recall shall be effective immediately upon a decision by an absolute majority in a recalling referendum among the constituency of that delegate. A referendum for recall can be initiated by at least the lowest number of 10 000 votes or 10% of the votes of all eligible voters in the constituency of that delegate. The recalled delegate shall be replaced by a new delegate from the same constituency through normal election procedure.
14.10 Referendum Council shall among its delegates elect a Secretary for official representation of the Council, a Speaker for managing the order during Referendum Council assemblies, and other officials as deemed necessary by the Council.
14.11 The highest decision-making entity in every Referendum Council is the general assembly of all its delegates, with 80% quorum present.
14.12 Delegates have right and obligation to vote and make decisions as necessary for performing their social service in accordance with this Constitution, laws, their mandates, and policies and resolutions of their constituencies.
14.13 A delegate is responsible to his/her constituency for promoting and implementing its policies. A delegate shall not be a member of any political party, religious organization, or other organization, entity or agreement which requires the delegate to act, make decisions or vote in the Council according to aims, loyalties or obligations other than the public policies and resolutions of the delegate's entire constituency.
14.14 Delegates have neither special privileges nor immunity from law.
14.15 Delegates are accountable to people who have elected them, and shall be checked through their regular reports to their constituency, face-to-face meetings and open public sessions with their constituency, and public scrutiny.
14.16 Information detailing all council decisions, voting of delegates, and information about all advisers to delegates, shall be open to public.
14.17 Lobbyism to Referendum Council is prohibited.
14.18 Referendum Councils and delegates shall not receive any direct or indirect remuneration, contribution, reward, benefit, privilege or favour from anyone, except what is lawfully provided to them for their function according to this Constitution, laws and applicable policies.
14.19 Delegates shall not have any association, connection, relation, role, situation or history which can create conflict of interests or jeopardise their public function or their integrity.
14.20 No one with criminal record shall be a delegate.
14.21 Referendum Council shall among its delegates elect committees dedicated to specific areas of responsibilities.
14.22 Every Committee shall among its member-delegates elect a Secretary for official representation of the Committee, a Speaker for managing the order during Committee assemblies, and other officials as deemed necessary by the Referendum Council.
14.23 Propositions for voting in Referendum Council can be initiated by a Committee or by at least 10% of all the Council delegates.
14.24 Referendum Councils have no legislative powers. Referendum Councils shall not make decisions which can cancel, override, replace, change or add any article in this Constitution and laws, public policies or resolutions, or which can act as de-facto laws.
14.25 Referendum Council's decisions within its responsibilities are binding for Administrative Councils in its jurisdiction. In case of a conflict between decisions of Referendum Council and Administrative Council in the same administrative division, or conflicting interpretations of Referendum Council's decision, Referendum Council can call a referendum in its jurisdiction for resolving the conflicting issue. The outcome of the referendum shall be binding for all parties involved.
15. Administrative Council
15.1 Administrative Council is responsible for ensuring the implementation of laws, policies, resolutions and other democratic decisions, and for coordination, monitoring and supervision of all public institutions, organizations and services, including but not limited to healthcare, education, police, defence and foreign relations.
15.2 Every administrative division shall have its Administrative Council, which will be responsible within its jurisdiction:
15.3 Decisions of Administrative Council are binding within its jurisdiction for all public institutions, organizations, services, and for their branches and representations abroad, except the Referendum Council.
15.4 Only citizens of 30 years of age or older can be elected as delegates in Administrative Councils.
15.5 Administrative Council delegates shall be elected for a period of 2 years, 1 year after Referendum Council elections. The number of terms for any delegate in the same council shall be limited by 2 consecutive terms, and 3 terms in delegate's lifetime.
15.6 Delegates to every Administrative Council shall be elected from the following groups of communities:
15.7 Administrative Council delegates shall be elected by lottery among candidates who have each received at least the lowest number of 10 000 votes or 10% of the votes of all eligible voters in their respective constituency. Every vote for a candidate is entered in the lottery as one ticket for that candidate. Candidates with more votes will thus have higher probability of being elected. Every citizen can give only one vote to only one candidate. There shall be at least 3 candidates for an election of one delegate.
15.8 Administrative Councils shall consist of the following minimum number of delegates or more:
15.9 Any Administrative Council delegate can be recalled by its constituency. A recall shall be effective immediately upon a decision by an absolute majority in a recalling referendum among the constituency of that delegate. A referendum for recall can be initiated by at least the lowest number of 10 000 votes or 10% of the votes of all eligible voters in the constituency of that delegate. The recalled delegate shall be replaced by a new delegate from the same constituency through normal election procedure.
15.10 Administrative Council shall among its delegates elect a Secretary for official representation of the Council, a Speaker for managing the order during Administrative Council assemblies, and other officials as deemed necessary by the Council.
15.11 The highest decision-making entity in every Administrative Council is the general assembly of all its delegates, with 80% quorum present.
15.12 Delegates have right and obligation to vote and make decisions as necessary for performing their social service in accordance with the constitution, laws, their mandates, and policies and resolutions of their constituencies.
15.13 A delegate is responsible to his/her constituency for promoting and implementing its policies. A delegate shall not be a member of any political party, religious organization, or other organization, entity or agreement which requires the delegate to act, make decisions or vote in the Council according to aims, loyalties or obligations other than the public policies and resolutions of the delegate's entire constituency.
15.14 Delegates have neither special privileges nor immunity from law.
15.15 Delegates are accountable to people who have elected them, and shall be checked through their regular reports to their constituency, face-to-face meetings and open public sessions with their constituency, and public scrutiny.
15.16 Information detailing all council decisions, voting of delegates, and all kinds of advisers, shall be open to public.
15.17 Lobbyism to Administrative Council is prohibited.
15.18 Administrative Councils and delegates shall not receive any direct or indirect remuneration, contribution, reward, benefit, privilege or favour from anyone, except what is lawfully provided to them for their function according to this Constitution, laws and applicable policies.
15.19 Delegates shall not have any association, connection, relation, role or situation which can create conflict of interests or jeopardise their public function or their integrity.
15.20 No one with criminal record shall be a delegate.
15.21 Administrative Council shall among its delegates elect committees dedicated to specific areas of responsibilities.
15.22 Every Committee shall among its member-delegates elect a Secretary for official representation of the Committee, a Speaker for managing the order during Committee assemblies, and other officials as deemed necessary by the Administrative Council.
15.23 Propositions for voting in Administrative Council can be initiated by a Committee or by at least 10% of all the Council delegates.
15.24 Administrative Councils have no legislative powers. Administrative Councils shall not make decisions which can cancel, override, replace, change or add any article in this Constitution and laws, public policies or resolutions, or which can act as de-facto laws.
16. Law
16.1 Lawmaking is an exclusive and unalienable right of the entire citizenry through referendum in the Federation or a region where the law has its jurisdiction.
16.2 Laws can be created and changed only in accordance with this Constitution, through referendum, by direct participation of all citizens of 18 years of age and older, by absolute majority among all citizens eligible to vote in legislative referendum in the area where the laws are applicable, either in the entire Federation or a Region.
16.3 Federal and regional laws.
16.4 Federal laws can be created and changed only in accordance with this Constitution, by the following procedure, with the required majority rates:
16.5 Regional laws can be created and changed only in accordance with this Constitution, by the following procedure, with the required majority rates:
16.6 Drafts and propositions for federal laws can be initiated by any of the following entities:
16.7 Drafts and propositions for regional laws can be initiated by any of the following entities:
16.8 The entity which initiates a law referendum has right to formulate the draft that will be set for voting. The Referendum Council which is responsible for the referendum has right to make only necessary formal changes to the draft without altering its essence. In case of disagreement between the initiating entity and the Referendum Council concerning the formulation of the draft, the draft shall be set for voting as formulated by the initiating entity, presented to the voters together with the Referendum Council's comments and alternative.
17. Policies and Resolutions
17.1 Making public policies and adopting public resolutions are the exclusive and unalienable rights of the entire citizenry through referendum.
17.2 Policies can only be created and changed, and resolutions can only be adopted and annulled in accordance with this Constitution and laws through referendum by direct participation of all citizens of 18 years of age and older, by absolute majority among all citizens eligible to vote in referendum.
17.3 Policies and resolutions are applicable and binding for everyone and everywhere within the jurisdiction of the referendum, including all councils and courts.
17.4 Drafts of policies and resolutions for voting in referendum can be initiated by any of the following entities:
17.5 The entity which initiates policy or resolution referendum has right to formulate the draft that will be set for voting. The Referendum Council has right to make only necessary formal changes to the draft without altering its essence. In case of disagreement between the initiating entity and Referendum Council concerning the formulation of the draft, the draft shall be set for voting as formulated by the initiating entity, presented to the voters together with Referendum Council's comments and alternative.
18. Court
18.1 Court is a public assembly with authority to administer justice and resolve conflicts based on the law.
18.2 The order of supremacy of courts is as follows, presented with decreasing order of supremacy, where (a) has the highest supremacy:
18.3 Courts can be criminal or civil. There shall not be any other kind of court, e.g. military or constitutional court.
18.4 Criminal courts consist of the following official parties:
18.5 Jury has the highest authority within any court and shall make the verdicts and all other official court decisions.
18.6 Court Counsellor functions as adviser for the jury and coordinator for the court process.
18.7 Jury shall consist of the following number of members:
18.8 The following number of jurors shall have official qualifications for practicing law:
18.9 Jurors shall be elected by lottery among citizens with the following age conditions:
18.10 Jurors shall be elected for the following term:
18.11 Jury elections shall be organized to create a jury fairly representative for all social categories among the citizenry.
18.12 Jury's decision shall not be conditioned, distracted or influenced by anyone or anything except this Constitution and the laws, facts presented in due process in court, jury's due deliberation and jurors' personal judgment.
18.13 Jurors shall be impartial, without any direct relation to the parties in the case.
18.14 No one with criminal record shall be a juror.
18.15 Jurors and other officials in court shall not receive any direct or indirect remuneration, contribution, reward, benefit, privilege or favour from anyone, except resources provided to them for their function according to the constitution and laws.
18.16 Jurors and other officials in court shall not have any association, connection, relation, role or situation which can create conflict of interests or jeopardise their public function or their integrity.
18.17 Jury shall make its decisions with the following majority rate:
18.18 Higher level courts have right to hear cases completed in lower level courts based on appeal, and make decisions which may uphold, cancel or override decisions of lower level courts.
18.19 Courts have no legislative powers. Courts shall not make, change or cancel the Constitution, laws, policies, resolutions, or ratify international agreements. Courts shall not rule any law unconstitutional. Courts shall not make decisions which can act as de-facto laws.
18.20 Courts in the Federation can prosecute:
18.21 Information detailing all court decisions shall be open to public.
19. Justice Against Crime
19.1 Everyone is innocent unless proven guilty in court by due process of law.
19.2 Everyone has right to fair and public hearing by an independent and impartial court with all the guarantees necessary for the person's defence in any case against that person.
19.3 The aim of criminal justice is not punishment, but:
19.4 No person shall be subjected to incarceration unless it is decided in court by due process of law, as a justified and proportional measure. Incarceration shall not be used as punishment, but for serving justice, only in cases when it is necessary for:
19.5 Maximum duration of incarceration.
19.6 A court jury has right to suspend any or all of the following civil rights of a convicted criminal for a period of time, if it is a justified and reasonable measure as part of a justice program, as stipulated in the verdict by the court jury, in accordance with this Constitution, laws, public policies and resolutions:
19.7 Whenever possible and reasonable, the partial or full compensation, restitution, restoration, reparation and indemnification for a crime may be done at the expense of the convicted criminal's economic resources or through the work of the convicted criminal during incarceration or under lawful control, in accordance with the related court decision.
19.8 The police has right to incarcerate a person for up to 24 hours without a charge, if the person is a crime suspect and the incarceration is a justified and proportional measure for investigating or preventing crime.
19.9 An incarcerated or charged person has right to a civilian, independent attorney of the person's own choice.
19.10 Incarceration for longer than 24 hours shall only be used if it is decided in court by due process of law, and if it is a justified and proportional measure for any of the following reasons:
19.11 It is an obligation of the society, as a final stage in rehabilitation programs for lawbreakers, to provide economic, social, political and other help as needed to persons who have served justice for their crimes, in order to re-establish their normal life in the society.
19.12 No one shall be tried twice for the same crime on the same set of facts.
19.13 The police or other entities of the criminal justice system shall under no circumstances deliberately provoke a crime.
19.14 The lowest criminal age is 10 years. No person below 10 years of age shall be subjected to criminal trial.
20. Police
20.1 Police is a public entity responsible for enforcing this Constitution and laws, public policies and resolutions, decisions of courts and councils, and public safety.
20.2 The task of the police is to:
20.3 Police is directly responsible to Administrative Council and shall operate under its control. The Administrative Council has right to approve, appoint and dismiss the top level police officers in accordance with the Police Charter.
20.4 Police shall be staffed, organized, educated, trained and equipped adequately for performing its task.
20.5 Police Charter shall specify the main principles of organization, functions, activities, obligations and rights of the police, including its duties during a state of emergency. Police Charter shall be in accordance with this Constitution and laws, public policies and resolutions, decisions in courts, and decisions of Administrative Council. Police Charter shall be approved by the Administrative Council.
20.6 The internal organization of the police shall be in accordance with the principles of democracy, except operational situations, when hierarchy of command can be employed according to the Police Charter.
20.7 No one with criminal record shall work in police.
21. Defence
21.1 Defence Forces are a public entity responsible for security and defence of this Constitution, the Federation and its citizens.
21.2 The task of the Defence Forces is to:
21.3 Defence Forces are directly responsible to Federal Administrative Council and shall operate under its control. The Federal Administrative Council has right to approve, appoint and dismiss the top level Defence Forces officers in accordance with the Defence Forces Charter.
21.4 Defence Forces shall be staffed, organized, educated, trained and equipped adequately for performing their task.
21.5 The internal organization of the Defence Forces shall be in accordance with the principles of democracy, while a hierarchy of command can be employed according to the Defence Forces Charter.
21.6 Defence Forces Charter shall specify the main principles of organization, functions, activities, obligations and rights of the Defence Forces, including their duties in a state of emergency. Defence Forces Charter shall be in accordance with this Constitution and laws, public policies and resolutions, decisions in courts, and decisions of Federal Administrative Council. Defence Forces Charter shall be approved by the Federal Administrative Council.
21.7 Every citizen of 18 years of age or older shall be conscripted to service for 12 months in Defence Forces, Civil Defence or Social Services. It is an obligation of every conscript to serve according to the best of one's ability.
21.8 At any given time, at least 2/3 of Defence Forces personnel shall serve by conscription, while the rest of the personnel can be in professional service in the forces.
21.9 It is prohibited for Defence Forces to engage in unlawful activities, unprovoked aggression, occupation or colonization. [C21.9]
21.10 It is prohibited to directly or indirectly sell, give or otherwise provide weapons, ammunition, other military material, technology or services to anyone or any entity who is waging an illegal war, war of aggression, occupation, annexation, colonialism, terrorism or other violation of human rights. [C21.10]
21.11 Engagement of Defence Forces shall in advance be approved through referendum by direct participation of all citizens of 18 years of age and older, with equal voting power for every individual, by 2/3 absolute majority, except the cases of defence urgency if the Federation, its citizens or this Constitution are under attack, serious threat or in danger, when the Federal Administrative Council can decide to engage.
22. State of Emergency
22.1 State of emergency is a declaration by a Federal or Regional Administrative Council in case of defence urgency, war, siege, natural or other disaster, epidemic, mass panic, civil unrest, danger for public safety or other serious crisis which is not possible to resolve for the best of public interest within normal conditions.
22.2 State of emergency can be declared only if and when it is necessary as an act of the last resort for conducting justified and reasonable extraordinary measures for restoring public safety and normal functioning of the society under this Constitution.
22.3 State of emergency is valid only within the administrative division of the council which has declared it.
22.4 The operative management for conducting the measures in state of emergency rests with the dedicated committee of the Administrative Council which has declared the state of emergency. The committee for state of emergency is responsible to the Administrative Council during the state of emergency, as well as before and after it.
22.5 State of emergency shall be declared with clearly specified reason, aim, time, space and measures.
22.6 State of emergency can impose temporary obligations on the public and organizations, and temporary limitations on their actions and movements in the area of emergency, with the exception of the following entities, which always have right to normal functioning:
22.7 It is prohibited to make any changes or additions to this Constitution and laws, or adopt new laws during state of emergency.
22.8 State of emergency can be cancelled at any time by:
22.9 Declaring unnecessary, unjustified or unreasonable state of emergency, abusing extraordinary powers by state of emergency, violating human rights or civil rights, or prolonging state of emergency beyond reasonably necessary time, is a grave federal criminal offence.
23. Economy
23.1 Economy is the domain of activities for satisfaction of the population's needs for resources, products and services in a sustainable, ethical and ecological way in accordance with the fundamental principles and values of freedom, equality, solidarity, democracy and secularism.
23.2 Social ownership and control of economic resources. All economic resources, including space, land, sea, air and other natural resources, productive resources, resources of strategic importance for the society, infrastructure, buildings and business companies shall be owned and controlled collectively by the entire citizenry.
23.3 Public administration of social ownership and control of economic resources shall be realized by Administrative Councils in their respective jurisdictions.
23.4 Plans and budgets.
23.5 Drafts of all public budgets and taxes shall be presented by Administrative Councils to the citizenry for consideration and deliberation. Any public budget and tax shall become valid only upon ratification by referendum.
23.6 Consumers' free choice of products and services can be realized through their direct participation in planning and their use of personalized vouchers in socialist exchange. The latter is a system of distribution, exchange and consumer choice, without the defects inherent to markets.
23.7 All economic enterprises, including business companies, shall be organized in one of the following ways:
23.8 Personal company is an enterprise with a single employee, i.e. the self-employed person, who also is the single owner of the personal company.
23.9 Worker cooperatives shall organize and operate according to the principles of democracy and self-management. The general assembly of employees is the highest decision-making entity within a worker cooperative. All employees of a cooperative shall have equal voting power in the general assembly: one person - one vote.
23.10 The owner, i.e. the society, shall license and lease-free enterprises to their users, i.e. employees, for certain conditions and time. The society has always the ultimate power of the overall control over enterprises, while employees shall exercise the strategic and operational management of the enterprises and the resources allocated to them. Licensing of enterprises, their control, supervision, and allocation of resources to them shall be realized by Administrative Councils according to public policies and resolutions as democratically decided by the citizenry.
23.11 Every economic enterprise shall have a board of directors. The mission of the board of directors is supervision, control and direction of the enterprise. The board of directors is responsible to the administrative council. 2/3 of the directors of every board shall be appointed by the relevant administrative councils which have jurisdiction in the area where the enterprise is licensed, registered or operating. No one shall be a director simultaneously for more than 3 enterprises, or for any number of enterprises more than one if the combined total number of employees exceeds 100 persons. Elected delegates from the Enterprise Council, i.e. employees of the cooperative, shall participate in the board of directors of their enterprise, comprising 1/3 of the directors of that board.
23.12 Every economic enterprise shall have an Enterprise Council consisting of elected, recallable delegates among the employees, for supervision of the implementation of the policies and strategies decided by the board of directors and the general assembly of employees.
23.13 Every citizen has right and obligation to contribute to the economy according to the best of personal ability.
23.14 Every citizen shall have an income of personalized vouchers equal to the sum of the following:
23.15 Citizen's salary shall be defined by the citizenry through annual referendum depending upon socio-economic considerations. Citizen's salary shall equal the maximum possible amount in terms of economic viability.
23.16 Resources, products and services for consumption shall be defined in the following categories:
23.17 Categories of resources, products and services shall be defined by the citizenry through annual referendums.
23.18 The long term vision for the economy includes a system based on contribution by every individual according to ability and free consumption of all resources, products and services according to need.
23.19 For communities of 100 000 persons or larger, preconditions shall be created for economic self-reliance (not self-sufficiency), viability and sustainability, avoiding dependency on excessive help, debt, loans or consumerism.
23.20 It is prohibited to create or utilize capitalism [C23.20], or private or state ownership or control of any economic resource or business.
23.21 It is prohibited to create or utilize any economic concept, model or system which can cause or exploit:
23.22 All councils, other institutions and organizations have an obligation to actively work for preventing and eliminating all the possible problems described in articles 23.20 and 23.21.
24. Mass Media
24.1 Mass media is the collective term for mass-information resources, infrastructure, products, services, channels, outlets, companies and entities involved in creation, storage, publication, distribution, transmission and communication of information reaching large masses of the population.
24.2 Mass media shall serve to inform and enlighten the population, provide means for public information, mass-communication, debate, cultural development and entertainment, in accordance with the fundamental principles and values of freedom, equality, solidarity, democracy and secularism.
24.3 Mass media shall provide fairly equal access, time and opportunity for mass-information and communication to all groups of opinions.
24.4 Mass media shall be owned and controlled collectively by the entire citizenry.
24.5 Ownership, control, monopolization, centralization, concentration, dominance or disproportionate influence on mass media by any individual, group, party, company, other organization or entity is prohibited.
24.6 It is prohibited to use mass media for:
24.7 Regional and Federal Referendum Councils are responsible for monitoring and supervision of mass media for their compliance with the applicable requirements of this Constitution, laws, public policies and resolutions.
25. Ecology
25.1 Ecology in the context of this Constitution is the ecosystem including human beings, other animals, organisms, plants, their environment and their relationship.
25.2 All economic, social and other human activity shall include considerations of ecological consequences.
25.3 It is an obligation of the society and every individual to ensure short and long term natural sustainability, clean environment and ecological balance.
26. Citizenship
26.1 Citizenship means being citizen of the Federation. All citizens are equal before this Constitution and laws, and have the same rights, responsibilities, obligations, conditions and opportunities regardless of race, colour, ethnicity, gender, sexuality, belief, culture, language, political or other opinion, national or social origin, birth, property or status.
26.2 Every citizen has right to:
26.3 Every citizen has right, responsibility and obligation to:
26.4 Citizenship can be granted in any of the following ways:
26.5 Every citizen shall take an Oath of Citizenship, regardless of how the citizenship is granted. Persons who are granted citizenship at birth or during childhood shall take an Oath of Citizenship immediately upon reaching 18 years of age. Persons who apply for citizenship when they are 18 years of age or older, shall take an Oath of Citizenship before the citizenship is granted to them.
26.6 Oath of Citizenship is a personal, solemn and formal declaration confirming that the person:
26.7 Multiple citizenship. Multiple citizenship means that a person is a citizen of more than one country. In principle, multiple citizenship is unacceptable for the citizens of the Federation, but there can be exceptions for special cases as stipulated in the following. A person who applies for citizenship in the Federation shall renounce any other citizenship. Exemptions from this requirement can be made for persons who apply for citizenship in the Federation in cases when:
26.8 Loss of citizenship.
27. Language
27.1 The official language of the Federation is [the language].
27.2 The official language of the Federation shall be the language of this Constitution, and the common language for all federal communication, documentation and agreements.
27.3 The official language of the Federation shall be taught to all children of school age.
27.4 The official language of the Federation shall be part of the Citizenship Test for persons who apply for citizenship of the Federation.
27.5 Every region can have and use its own official language, in addition to the official language of the Federation. Regional official language can be used as the language of the regional law.
27.6 Every person and community can have and use their own native language, in addition to the official language.
28. Federal Sovereignty
28.1 The Federation is sovereign. Any external or foreign entity, authority or power is invalid and void within the Federation.
28.2 An international law in the Federation, external agreement with the Federation or membership of the Federation in an organization can become valid only if and when ratified by Federal Referendum.
28.3 An external entity, e.g. foreign embassy or international organization, can be established or operate in the Federation only if and when licensed by the Federal Administrative Council or Regional Administrative Council, according to the conditions and time stipulated by the license. Any such license can be suspended or revoked by the council that has issued the license, if the terms of the license are broken by the licensee.
29. Administrative Divisions in the Federation
29.1 The Federation has the following administrative divisions:
29.2 A neighbourhood is the community with the smallest size. A district is a larger community, consisting of neighbourhoods. A commune consists of districts, and so on.
29.3 The Federation consists of all the regions in the Federation and the Federal Territory.
29.4 Every administrative division shall have its own Referendum, Referendum Council and Administrative Council.
29.5 An administrative division can be created, and the status of an existing one can be changed, only by referendum with all of the following requirements satisfied:
29.6 [This article shall define the regions of the Federation].
30. Federal Territory
30.1 A dedicated territory shall be allocated as Federal Territory for accommodating federal institutions, including:
30.2 Federal Territory has the same administrative status as a Region.
31. Relations Between Administrative Divisions
31.1 Relations between administrative divisions in the Federation shall be based on the principles of local and collective autonomy, and democratic, decentralized-horizontal federation.
31.2 All smaller administrative divisions of the same level within a larger administrative division have equal powers. For example, all districts in a commune have equal power - no district has more power than any other district in that commune.
31.3 Any administrative division has right to make public policies, resolutions and other decisions by referendum, valid and enforceable within its jurisdiction in that administrative division, under this Constitution and applicable laws.
31.4 In case of a conflict between decisions of different councils, it shall be resolved in the following manner [C31.4]:
31.5 In case of a conflict between policies, resolutions or other decisions by referendums in different administrative divisions, it shall be resolved in the following manner:
32. Accession and Secession
32.1 Accession of a new community into the Federation shall be valid only if it is approved according to all of the following requirements:
32.2 Secession of a community from the Federation shall be valid only if it is approved according to all of the following requirements:
33. Foreign Relations
33.1 Foreign relations of the Federation shall serve the following aims:
33.2 Federal Administrative Council shall be the official representative of the Federation abroad. Federal Administrative Council shall administer external relations, federal embassies and missions in foreign countries and international organizations.
34. Borders
34.1 [This article shall define the geographic-political borders of the Federation].
Constitutional Comments
C1.7c The requirement for double majority, i.e. majority of the number of regions in addition to majority of all the citizens of the Federation, is a preventive and balancing measure for securing democracy and protecting minorities from undue or persisting domination by a definite and stable majority, fx. ethnic or cultural. The principle of double or balanced majority is used also in some other articles of this Constitution, fx. lawmaking.
C3.2f The following list presents some of the ideologies, institutions and systems of unfreedom which are incompatible and irreconcilable with freedom and democracy:
C6.2 There is only one kind of true democracy: direct democracy. Political systems based on false democracy with political parties and professional politicians, elected parliament or representative government, and other elected organs of centralized power and the state, are simply various forms of oligarchy or other concepts of the ruling class and hierarchy.
C7.12 This prohibition includes, but is not limited to, Islamic religious veils. Burka and niqab are examples of such veils, symbolizing enslavement, oppression or control over women, and violation of the principles and values of freedom, equality, solidarity, democracy and secularism.
C9.8i An example of genital mutilation of children for religious reasons is the injury which has traditionally been inflicted upon children in certain primitive cultures, fx. among Muslims, Jews and African tribes. This tradition is a savage violation of human rights, and children shall be protected from such harm and brutality.
C12.1 There is a distinction between an assembly and a council. An assembly is a group of persons in a community gathered together for discussions and decision-making, where all the members of the community are present as direct participants in the assembly. A council is a group of elected delegates from a community or communities, and thereby an organ for coordination through confederation. Both an assembly and a council make their decisions through direct democracy among their respective participants.
C21.9 Examples of unlawful and criminal aggression, war, occupation, colonisation, terrorism and genocide are those conducted by the US, NATO, Australian and their client states' military forces in Iraq since 1991 and Afghanistan since 2001, US aggression and embargo against Cuba since 1960, Israeli military forces in Palestine since 1948, China in Tibet since 1950, Russia against Chechnya since 1994, and Georgia against Abkhazia and South Ossetia since early 1990s.
C23.20 Capitalism is an economic system with monopolization, centralization or concentration of economic resources and power in the hands of a minority, the elite, the ruling class. Inherent features of capitalism are private or state ownership or control of capital, state power, market, growth doctrine, as well as profit, interest and rent. Capitalism is based on exploitation of humans by humans. Its main social and economic characteristics are theft, greed, egoism and consumerism. Capitalism causes inequality and injustice, classes and hierarchy, competition, domination and exploitation, crisis, conflict, violence and war, and environmental destruction. Capitalists, i.e. private or state owners of capital, steal the wealth of the society through monopolization, centralization or concentration of resources, exploitation of employees, market power and other crimes. Capitalism is organized crime, a form of institutionalized parasitism, exploitation and plunder. Capitalism is incompatible and irreconcilable with freedom and democracy.
C31.4 For example, in case of a conflict between decisions of Regional Administrative Council and County Administrative Council, it shall be resolved in the following manner:
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