256
edits
Second Constitution of Olmeria: Difference between revisions
Jump to navigation
Jump to search
m
→Article I - Fundamental Principles
mNo edit summary |
|||
| Line 63: | Line 63: | ||
=== '''Chapter 1: Rights and Principles''' === | === '''Chapter 1: Rights and Principles''' === | ||
Chapter 1 of the constitution was designed to set the broad principles of the constitution and outline and enshrine the rights of Olmerian citizens into a higher law. The [[Supreme Court of Olmeria]] and lower courts regularly reference part A in rulings regarding cases on human or citizens rights. The chapter's introduction reads:<blockquote>"Protecting the rights of the Olmerian people, and all people who set foot on the isle of Tarsa, must be the states first and foremost priority. The chapter here inscribed entrenches those absolute rights, essential in any free nation, in a higher law, such that no government may infringe on them, and they may be upheld most strongly by the courts of law."</blockquote> | Chapter 1 of the constitution was designed to set the broad principles of the constitution and outline and enshrine the rights of Olmerian citizens into a higher law. The [[Supreme Court of Olmeria]] and lower courts regularly reference part A in rulings regarding cases on human or citizens rights. The chapter's introduction reads:<blockquote>"Protecting the rights of the Olmerian people, and all people who set foot on the isle of Tarsa, must be the states first and foremost priority. The chapter here inscribed entrenches those absolute rights, essential in any free nation, in a higher law, such that no government may infringe on them, and they may be upheld most strongly by the courts of law."</blockquote>In essence, the idea of protecting citizens from even the government came from concern amongst many that extremist groups could hold sway over politics due to the turmoil in the nation, and thereby threaten civil liberties. The chapter both describes very clearly how the state has a responsibility to protect civil liberties, and outlines those liberties so that the courts can protect them if the state fails it's duties. This was a new constitutional idea at the time known as the "double rights safeguard". It placed emphasis on the newly created courts and clarified their power as a protector of rights, as is further developed by article VI. | ||
The reference to "all people" who enter Olmeria has been interpreted in widely varied ways since the constitutions ratification. Some believe the phrase extended a common courtesy to guests, but was not intended to grant all visitors the same level of constitutional protection as tourists or non citizen residents. Others argue the entire point of the chapter is to defend rights in the nation of Olmeria for the sake of respect and integrity, regardless of the citizenship of the individual in question. | |||
In [[Bettencourt vs Hjortsberg]] (1974), the Supreme Court verdict decreed that 'In accordance with the introduction to the rights and principles of the Olmerian nation, laid out at the start of Chapter 1 of the 2nd Constitution of Olmeria, those rights which are deemed constitutional apply in equal part to the "Olmerian people" and to "all people who set foot on the isle of Tarsa"... It is clear to us therefore that Mr Bettencourt is entitled to the same right to "privacy from corporate entities" ... as all who are classed as citizens of Olmeria.' The case was a landmark moment in interpretation of the introduction, ruling in favour of Yonderian tourist Pascal Bettencourt, who had sued financial company Hjortsberg Transactions over data breaches, arguing they had failed to secure his data properly because he was a foreign citizen. | |||
Critics argue that the provision is unfair to Olmerian citizens and several major parties, including the right wing Olmerian Nationalist Party and conservative Johnson Pact, have pledged to push reforms that remove the phrase in their most recent manifestos. Other also point out that the wording is vague and cannot reasonably be equally applied to all the rights laid out in chapter 1, especially those regarding citizenship. | |||
'''Article I - Fundamental Principles''' | |||
Article 1 of this chapter focuses in more depth on the general intentions and undertones of the document following it. Some have argued it would belong better as an extended part of the preamble or separate chapter, as it bears little relevance to the principle of upholding rights which is laid out in the chapters introduction. | |||
==== '''Article II - Individual Rights''' ==== | ==== '''Article II - Individual Rights''' ==== | ||