SOLO-NZ Press Release: The Bill of Rights Is Dead; Long Live the Bill of Rights!

Lindsay Perigo's picture
Submitted by Lindsay Perigo on Mon, 2007-12-17 21:18

SOLO-NZ Press Release: The Bill of Rights Is Dead; Long Live the Bill of Rights!

In what is destined to be remembered as a Day of Infamy, December 18, 2007 is set to see the passing of the Clark-Cullen government’s Electoral Finance Bill. This Bill kills the Bill of Rights, specifically the provisions allowing for freedom of speech and association.

SOLO Principal Lindsay Perigo reiterates that the Bill thereby kills the government’s moral legitimacy.

“In the circumstances,” says Perigo, “it’s timely to release again the Constitution for New Freeland drawn up by Libertarianz—a document to which the wise and honest should repair in these times that try men’s souls.”

SOLO—SOLOPassion.com

Lindsay Perigo 021 255 8715

A Constitution for New Freeland

Preamble by Lindsay Perigo

When in the course of human affairs it becomes necessary for citizens to break the political chains that have hitherto bound them, and to reclaim the individual sovereignty which is their birthright, it can be opportune for them to declare the causes which have impelled them to self-liberation. We, the freedom-loving citizens of New Zealand, choose to do so at this epoch-making moment.

We hold these truths to be demonstrable in reality: that because the mind is their means of survival and full flourishing, human beings are individually possessed of certain inalienable rights, which are the rights to life, liberty, and the pursuit of private property and happiness; that to secure these rights, governments are instituted among people, deriving their just powers—and only such powers—from the consent of the governed; that all laws legislated by governments must be for the purpose of securing these rights; that no laws legislated by government may violate these rights; that all citizens are equal before such laws; and that whenever any government becomes destructive of these rights, it is in rebellion against its citizens, who may then remove it and institute new government.

Now is such a time.

The history of government in the Dominion of New Zealand is that of a long chain of abuses and usurpations of the individual rights of the citizenry, culminating in an unprecedented level of such abuses by present government, national and local, which have reduced the status of our people to one of slavery. Ownership of each citizen's life has been wrested from the citizen where it belongs and vested in government where it does not.

Government in New Zealand has made of itself a blood-sucking Leviathan, a drooling, hydra-headed monster of regulation and prohibition, of force and terror. It has drained the life out of commerce and trade. It has practised confiscation of the rightful earnings of our citizens on a scale hitherto unrivalled, and with the proceeds of that confiscation erected a multitude of new bureaucracies and sent hither swarms of officers to harass the people and eat out their substance. It has bestowed upon its revenue gatherers tyrannical powers of search and seizure, of confiscation of private savings and possessions, of coercive extraction of information; in the exercise of these powers, its gatherers have ruined livelihoods and destroyed lives. It has grown bloated from the use of confiscated moneys, devising ever-more-unconscionable forms of the squandering thereof. It has secured its power to plunder and terrorise by bribing the parasitic with the earnings of the productive. It has cultivated inequality before the law on the basis of race and gender. It has forbidden the citizens to exercise the prerogatives of ownership over their lawfully-acquired lands, and punished them for the productive use thereof; it has vested actual ownership of such lands in itself and its agents. It has claimed ownership of the minds of the citizens, proscribing the expression of thoughts of which it does not approve; it has claimed ownership of the bodies of the citizens, proscribing the ingestion of substances of which it does not approve; it has deprived citizens of their liberty and their property for the expression of such thoughts and ingestion of such substances. It has made consensual, victimless activities criminal; it has made coercive activities legally permissible and been the chief practitioner thereof. It has seized children from their parents and forced the citizens to sponsor the dulling of young minds in its classrooms; it has forbidden parents to educate their children other than by its own warped, politicised dicta. It has forcibly monopolised the medicines of the citizens and persecuted the providers of alternatives. It has dishonoured its contracts and required citizens to identify themselves on demand, assuming unto itself powers of arbitrary detention and arrest. It has disarmed the citizens so as to protect itself from rightful rebellion, and forbidden them to defend their own lives and properties, while most egregiously failing to do so itself. Government in New Zealand, in short, has committed itself and its agencies not to upholding the individual rights of the citizens who maintain it, but to trampling most brutally and routinely upon them. Government in New Zealand is thereby in rebellion against its citizens, and has thus rendered itself illegitimate.

We, therefore, the liberty-loving citizens of New Zealand, in the name of that which is the glory of man - his sovereign, rational mind—do solemnly declare that our country is henceforth free; that we are absolved from all further allegiance to the Dominion of New Zealand and its government, both of which are hereby dissolved; that we do by this and the associated documents presented here establish instead the Republic of New Freeland; that these documents supersede all previous constitutional and quasi-constitutional documents, including the Treaty of Waitangi; that the laws of this country shall be based on a single moral premise, which is the expression of the afore-mentioned rights: no person or group of persons may initiate the use of physical force, or its derivative, fraud, against any other person or group of persons, and the only justification for the use of force is self-defence against those who initiate it; that the government of this country shall have no other function than to formulate, enact and uphold such laws; and further, that to so secure and glorify the supreme values of reason and freedom in human affairs, we pledge our most diligent, reverent commitment, and our sacred honour.

The Bill of Rights

Article I - Free Speech and Privacy

The government shall make no law abridging the freedom of speech, of the press, of electronic or optical communication or of any other form of communication or expression; or restricting the right of an individual to petition the government for a redress of grievances; or respecting an establishment of religion or prohibiting the free or non-exercise thereof; or requiring an individual to possess the means of identifying himself, unless he may be employed on the public payroll, or may be casting his vote, whereupon identification shall be required in the polling booth only.

Article II - Right to Self-Defence Against the Initiation of Force or Fraud

The right of an individual to preserve, protect and defend his life, liberty and property, or that of any other party subject to the initiation of public or private force or fraud, and to organise himself into private militia for these purposes, shall not be infringed.

Article III - Right to Repudiate a Government in Rebellion

The right of an individual to organise the overthrow of a government initiating force against its citizens shall not be infringed; and a member of the Armed Forces, private militia, intelligence, or police may disobey any order which conflicts with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process.

Article IV - Property Rights

The right of an individual to be secure in his person, home, papers, effects, reputation, intellectual property and other properties, against unreasonable searches and seizures or arbitrary arrest and detention, shall not be infringed, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized; and no member of the Armed Forces, militia, intelligence or police shall be quartered in any house or property without the consent of the owner; and no individual shall be deprived of rights, liberties or properties without due process of law; nor shall private property ever be taken compulsorily for public use.

Article V - Right of Self-Ownership

The government shall make no law restricting the right of an individual to take his own life or to have his own life taken, if sufficient evidence of his informed consent has been provided in advance or at that time; and it shall make no law requiring an individual to be medically treated or undergo medical experiments, unless he presents an objective threat to the rights and liberties of other individuals, whereupon he may be confined at home, or if he still presents a threat, confined elsewhere or treated, but not experimented on, in an hospitable place; and government shall make no law restricting the right of an individual to ingest substances or to participate in practices which may or may not cause ill health or injury, provided such actions contravene none of the rights and liberties of other individuals eternally enshrined in the Bill of Rights and Bill of Due Process.

Article VI - Free Association

All interaction between adult individuals shall be voluntary and any voluntary association of individuals shall be deemed to have the rights of the individuals comprising it.

Therefore the government shall make no law restricting the right of an individual peaceably to assemble or to join together in marriage or friendly association; or requiring an individual to join, contribute to, be registered or be enrolled with any association; or establishing a monopoly and otherwise restricting the number or nature of businesses; or requiring an individual to join any branch of the Armed Forces, private militia, intelligence or police.

And while the government itself shall discriminate only on the basis of merit, it shall make no law restricting the right of an individual to discriminate on any basis whatsoever.

Article VII - No Compulsory Taxation

The government shall extract no compulsory tax or involuntary contribution of any kind from any citizen for any purpose whatsoever.

Article VIII - Free Trade, Investment and Migration

The government shall make no law regulating commerce, investment or migration; but the government may regulate the immigration of any individual who has aided or given comfort to the enemy in any war or revolution respecting the establishment of the Constitution.

Article IX - Sound Money

The government shall make no law in respect of the establishment of a central bank, monetary authority or currency of exchange, or to otherwise require the coining, printing or use of money; and any action by the government to purchase debt or equity of companies or trusts, or to purchase or speculate in land, buildings and other properties located in the Republic is expressly prohibited.

Article X - Rights Held in Trust

Nothing in this Bill shall be construed as permitting activities which can be shown beyond reasonable doubt to destroy the potential of a child to become an adult with full rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process. Subject only to this constraint, parents and legal guardians shall have full freedom to raise their children as they see fit; equally, they shall be deemed responsible for the actions of their children.

The age of independence shall be deemed by law, but the courts may deem an earlier age on application of the child, if the child can demonstrate his/her independence.

The Bill of Due Process

Article A - Treason

Treason against the citizens and permanent residents of the Republic shall consist only in levying war against them, or in giving aid and comfort to an enemy which shall pose an objective threat.

Article B - Arrest and Detention

Every individual shall enjoy, and shall be informed of, the right to know the reason for his arrest or detention; to remain silent; to consult and instruct a lawyer of his choice before questioning without delay; to have a lawyer of his choice present with him during questioning; if he cannot afford this lawyer, to have one appointed for him; to the writ of habeas corpus so that a court shall determine the validity of his arrest or detention without delay; to have the assistance of counsel and interpreters for this determination; to be released immediately if his arrest or detention is not valid; and if he is arrested or detained, to be charged promptly or to be released immediately.

Article C - Charge and Depositions

Any individual who is charged with an offence shall enjoy and shall be informed of the right to know in detail the nature and cause of the charge without delay; to consult and instruct a lawyer; to have the assistance of counsel and interpreters for his defence; to have sufficient time and facilities to prepare a defence; and to be brought before a court without delay.

And no individual shall be held to answer for an imprisonable offence unless a High Court judge decides there is a case to answer.

Article D - Criminal and Civil Procedure

In all criminal prosecutions and civil suits, the accused or defendant shall enjoy the right to be presumed innocent until proven guilty or found against; to a fair, speedy and public trial or case, at his election, excepting a trial of impeachment, before either a judge or an impartial jury preferably of the locality wherein the breach, liability or offence shall have been alleged; to be informed in detail of the nature and cause of the allegation; to be presented with the evidence against him; to have the assistance of counsel and interpreters for his defence; to have sufficient time and facilities to prepare and present a defence; and to be present at his own trial or case.

Article E - General Procedure

No individual shall twice face a hearing, inquiry, civil suit or criminal prosecution for the same breach, liability or offence; nor shall face a hearing, inquiry, civil suit or criminal prosecution for a breach, liability or offence which at the time of its alleged commission was not a breach, liability or offence; nor shall be compelled in any hearing, inquiry, suit or trial to be a witness; nor shall be prevented from requesting a witness or examining any witness whose evidence has been brought before the court; nor shall be prevented from appealing a determination, judgement, award, conviction or sentence in a higher court or requesting a judicial review.

And a jury shall be directed that it shall find, in favour of or against and innocent or guilty, the defendant and the accused in accordance with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process; and a judge, jury, commissioner or authority shall be provided with a copy of the Constitution and any supporting documents whatsoever.

Article F - Private Prosecutions and Civil Suits Involving Government

All civil suits involving the government shall be heard in the same manner as civil suits between individuals, and all criminal prosecutions brought by an individual, including a prosecution against the government, shall be heard in the same manner as criminal prosecutions brought by the government; and the right of an individual to bring or defend these proceedings shall not be infringed.

Article G - No Excessive Bail, Excessive Fines or Cruel and Unusual Punishments

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments, including the pain of death, inflicted.

Article H - Asset Forfeiture and Victim Restitution

Private and public property shall not be deemed the proceeds of crime unless the criminal burden of proof is met, nor shall be deemed the award of costs or damages unless the civil burden of proof is met; and the proceeds of crime shall be returned to the victims from whence they came or alternative but equivalent restitution enforced.

Article I - Finding of Fact and Mistake

Judges may repair to the traditional precedents of common law, equity and admiralty law where appropriate and create new precedents, provided all these precedents shall be consistent and shall not conflict with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process; and no fact tried by a judge or jury shall be otherwise re-examined in any court of the Republic than according to these rules; and if an individual shall mistakenly be convicted by an error of fact, he shall speedily and appropriately be either pardoned by a Commission of Inquiry, without restriction on his right to a retrial, be retried or have his conviction overturned, and a Commission of Inquiry shall be established to investigate the miscarriage; and he shall receive public compensation without delay.

Article J - Rights Suspended

Every individual who shall be lawfully incarcerated or declared legally and medically insane shall enjoy only those rights and liberties eternally enshrined in Articles III, IV, V, VII, IX and X of the Bill of Rights and in the Articles of the Bill of Due Process; and in respect of this individual, the government shall make no law requiring the recording or disclosure of the contents of any communication and restricting the right of the individual to encrypt this communication, excepting communication to, from and within his place of incarceration; and no law restricting the right of the individual to petition the government for a redress of grievances; and no law respecting an establishment of religion or prohibiting the free or non- exercise thereof or requiring the observance of any religious custom, including that of any indigenous or local culture; and no law requiring the individual to join any branch of the Armed Forces, private militia, intelligence or police.

And any individual declared legally and medically insane may make a final appeal against this declaration before a panel of experts, which shall be composed of five individuals drawn from reputable institutions.

Separation of Powers
Composition of Legislature; Composition of Executive; Composition of Judiciary; Powers of Legislature; Tribunician Power of Executive and Overriding Power of Legislature; Powers of Executive; Powers of Judiciary; Amendments to the Constitution; Local Government; Affirmation and Compensation

Introduction

No member of the executive, legislature, or judiciary shall simultaneously be a member of any of the other two branches of government; but a member of executive, legislature or judiciary may be nominated or stand for election to be a member of any of the other two branches of government.

Section 1 - Composition of Legislature

1(1) All legislative powers herein granted shall be vested in the Senate of the Republic.

1(2) The Senate shall be composed of 60 Senators directly chosen by the people:
a) every third year;
b) using the First Past the Post system; and
c) who are registered voters and each Senator shall have one vote.

1(3) Each Senate electorate shall represent an aggregate of long-standing geographical localities and shall consist of an equal number of registered voters, plus or minus two and one half percentage points.

1(4) The Senate shall appoint a Representation Commission to establish the boundaries of each electorate.

1(5) When vacancies occur in the representation from any Senate electorate, the executive authority thereof shall issue forthwith writs of election, conducted according to the First Past the Post system, to fill such vacancies.

1(6) A registered voter is any eligible voter who registers to vote. Resident eligible voters shall register in the Senate electorate in which they reside. Non-resident eligible voters shall register either in the Senate electorate in which they last resided or in the Senate electorate in which is located their last point of departure from the Republic.

1(7) An eligible voter is any Citizen or Permanent Resident of the Republic worldwide who has reached the age of independence, and who is not:
a) lawfully incarcerated or
b) legally and medically insane.

1(Cool Any individual, eligible voter or non-eligible voter, in the universe may stand for election as a Senator; but no individual may stand for election as a Senator, if he has been thrice elected a Senator.

1(9) The Senate shall choose their President and other officers.

1(10) The times, places, and manner of holding elections for Senators shall be prescribed by the Senate.

1(11) The Senate shall assemble at least once in every year, and such meeting shall be on the Ides of March, unless they shall by law appoint a different day.

Section 2 - Composition of Executive

2(1) To prevent the establishment of a privileged executive presidency, accumulating and monopolising power and ruling by decree and executive orders, all executive powers herein granted shall be vested in the Triumvirate of the Republic, which shall consist of three Tribunes, who shall each be a Protector of the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process.

2(2) The Tribunes shall be directly chosen by the people:
a) every third year, in the year coincident to the election of the Senate
b) using the Single Transferable Vote system comprising one national Triumvirate electorate
c) who are registered voters.

2(3) The Senate may determine the time of choosing the Triumvirate, which day shall be the same throughout the Republic.

2(4) In case of the removal of a Tribune from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the Senate may by law provide for the case of removal, death, resignation, or inability, declaring what officer shall then act as Tribune, and such officer shall act accordingly, until the disability be removed, or a writ of election shall forthwith be issued to fill the vacancy.

2(5) Any individual, eligible voter or non-eligible voter, in the universe may stand for election as a Tribune; but no individual may stand for election as Tribune if he has been thrice elected, whether by the Senate or by the people, a Tribune.

2(6) Each Tribune shall nominate all public ministers of the Cabinet of the Triumvirate, all ambassadors, all judges and commissioners, and all other officers of the Republic whose appointments are not herein otherwise provided for and which shall be established by law; but the Senate shall only consent to one of the three nominees being appointed for a particular appointment, or shall reject all nominees in which case each Tribune shall nominate a new individual to be nominee.

2(7) The Senate may, following a three-quarters vote in the affirmative, for the term of the Triumvirate vest the appointment of such inferior officers excepting judges, as they think proper, in a particular Tribune, in the Triumvirate alone, in the Courts of Law, or in the heads of departments.

2(Cool The eleven Cabinet portfolios to be appointed shall comprise a Secretary and Under-Secretary for:
a) Treasury;
b) Foreign Affairs;
c) Defence;
d) Police;
e) Justice;
and an Attorney-General, and no other.

2(9) Responsibility for internal intelligence and the protection of government officials shall lie solely with the Ministry of Police; responsibility for external intelligence shall lie solely with the Ministry of Defence.

2(10) A Tribune may, by and with the consent of the Senate, remove public ministers of the Cabinet of the Triumvirate, ambassadors, and other officers of the Republic whose appointments are not herein otherwise provided for and which shall be established by law, excepting judges.

2(11) Any individual in the universe, excepting a Tribune, may be nominated a public minister, ambassador, judge or other officer of the Republic.

Section 3 - Composition of Judiciary

3(1) All judicial powers herein granted shall be vested in the Constitutional Court of the Republic, in such inferior courts in descending order of seniority as a Court of Appeal, High Court, District Court, and Disputes Tribunal, and in such Commissions of Inquiry as the Senate may from time to time ordain and establish.

3(2) The Constitutional Court shall be composed of nine judges each nominated by the Tribunes and appointed by the Senate for a term of nine years, such that three judges are appointed every third year. At the inception of the Constitutional Court, three judges shall be appointed for a term of nine years, three judges shall be appointed for a term of six years, and three judges shall be appointed for a term of three years.

3(3) Nine judges of the Constitutional Court must be present at all hearings. In the event of a temporary vacancy in the Constitutional Court, the vacancy shall be filled according to the aforementioned process for nominating and appointing judges; but if the Constitutional Court is hearing a case regarding a decision of the Attorney-General to stay or to return to the Senate a bill or amendment, or regarding a bill or amendment or treaty that has become law at the most sixty days before the commencement of the case, then it shall fill such vacancy with a judge of the Court of Appeal.

Section 4 - Powers of Legislature

4(1) Any Tribune, Judge, or other senior executive or judicial officer of the Republic who acts or fails to act in such a manner as to jeopardise the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process shall be liable to a charge of impeachment.

4(2) Any individual shall have the power of impeachment.

4(3) The Senate shall have the sole power to try all impeachments. When a Tribune of the Triumvirate of the Republic is tried, the Chief Justice of the Constitutional Court shall preside: and no individual shall be convicted without the concurrence of three-quarters of the Members.

4(4) The Senate shall, consistent with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process, be the judge of the elections, returns, qualifications of its own Members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorised to compel the attendance of absent Members, in such manner, and under such penalties as the Senate may provide.

4(5) The Senate may determine the rules of their proceedings, punish their Members for disorderly behaviour, and, with the concurrence of three-quarters of those present, suspend or eject a Member.

4(6) The Senate shall keep a journal of their proceedings, and from time to time publish the same; and ayes and noes of the Members on any order, resolution, or vote shall, at the request of any Member present, be entered on the journal.

4(7) All bills and amendments shall originate in the Senate and shall be introduced in that place.

4(Cool Every introduced bill or amendment shall first go to the Attorney-General, who shall decide whether a bill or amendment is in accordance with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process. If it shall not be in accordance, he shall stay the bill or amendment and it shall proceed no further in that or any session of the Senate, but if it shall be in accordance, he shall return the bill or amendment to the Senate for their consideration; but any individual may appeal his decision directly to the Constitutional Court.

4(9) Every bill or amendment which shall have passed the Senate, shall, before it become a law, be presented to the Triumvirate of the Republic.

4(10) The Senate shall have the sole power:
a) to collect and administer voluntary contributions;
b) to deem the age of independence;
c) to establish a uniform rule of naturalisation;
d) to secure for limited times to authors and inventors the exclusive right to their respective compositions and discoveries;
e) to establish Commissions of Inquiry;
f) to make or declare war, and make rules concerning captures on and under land and water, and in air and space;
g) to provide and maintain the Armed Forces of the Republic and police;
Grade to make rules for the government and regulation of the Armed Forces of the Republic and police;
i) to provide for calling forth individuals, including private militia, to voluntarily assist the Armed Forces of the Republic or police; and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.

4(11) No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time at intervals of no more than one calendar Earth year.

Section 5 - Tribunician Power of Executive and Overriding Power of Legislature

5(1) Upon presentment of a bill or amendment, if any Tribune approve he shall sign it, but if not he shall exercise his Tribunician power and return it, with his objections, to the Senate, who shall enter the objections at large on their journal and proceed to reconsider it.

5(2) If after such reconsideration, and if only one Tribune has exercised his Tribunician power, three-fifths of the Senate shall agree to pass the bill or amendment, it shall become law.

If after such reconsideration, and if two Tribunes have exercised their Tribunician power, two-thirds of the Senate shall agree to pass the bill or amendment, it shall become law.

If after such reconsideration, and if all three Tribunes have exercised their Tribunician power, three-quarters of the Senate shall agree to pass the bill or amendment, it shall become law.

But in all cases the votes of the Senate shall be determined by ayes and noes, and the names of the individuals voting for and against the bill shall be entered on the journal of the Senate.

5(3) If any bill or amendment shall not be returned by a Tribune of the Republic within thirty days after it shall have been presented to him, he shall be deemed to have approved and signed it, unless the Senate by their adjournment prevent its return, in which case he shall not be deemed to have approved and signed it.

5(4) In the event of the removal of a Tribune from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the immediately preceding provision shall not apply until an officer shall be declared to act as Tribune or a Tribune shall be elected.

5(5) Every order, resolution, or vote to which the concurrence of the Senate may be necessary, except on:
a) a question of adjournment;
b) appointment of Representation Commission;
c) choosing of the President and other officers of the Senate;
d) declaration of an officer to act as Tribune;
e) appointment and, excepting judges, removal of public ministers of the Cabinet of the Triumvirate, ambassadors, judges, and other officers of the Republic whose appointments are not herein otherwise provided for and which shall be established by law;
f) trial of impeachment;
g) determination of rules for the proceedings and punishment of the Members of the Senate;
Grade establishment of Commission of Inquiry;
i) appointment of War Tribune;
Crazy making and declaration of war; or
k) rejecting, nulling and voiding a Tribunician Order
shall be presented to the Triumvirate of the Republic; and before the same shall take effect, shall be approved by all Tribunes, or being disapproved by one, two or three Tribunes, shall be repassed by three-fifths, two-thirds or three-quarters respectively of the Senate, according to the rules and limitations prescribed in the case of a bill.

Section 6 - Powers of Executive

6(1) The Tribunes of the Triumvirate of the Republic shall be Commanders-in-Chief of the Armed Forces of the Republic and may act in unison; upon a declaration of war by the Senate, one Tribune, with the advice and consent of three-quarters of the Senate, may be appointed War Tribune and shall be sole Commander-in-Chief for the term of the war or the Triumvirate, whichever is the shorter.

6(2) Any Tribune may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have the power to grant reprieves.

6(3) A Tribune shall have power, by and with the advice and consent of the Senate, to make treaties which shall have the effect of law, provided two-thirds of the Senators concur; but any individual may appeal this effect directly to the Constitutional Court.

6(4) The Triumvirate shall from time to time give to the Senate information of the state of the Republic, and recommend to their consideration such measures as it shall judge necessary and expedient; a Tribune may, on extraordinary occasions, including requesting that the Senate establish a Commission of Inquiry, convene the Senate.

6(5) The Triumvirate shall receive ambassadors and other public ministers.

6(6) The Triumvirate shall take care that the laws passed by the Senate be faithfully executed, shall commission all the officers of the Republic, and shall issue any requisite Tribunician Order thereupon arising. In any conflict between Tribunes, the decision of the relevant Secretary shall have precedence (but a Tribune may request that the Senate appoint him War Tribune or consent to the removal of the Secretary).

6(7) Any Tribunician Order that infringes upon the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process or infringes upon the powers and duties of the Senate or requires the use of public funds not specifically appropriated for the purpose of the aforementioned Tribunician Order shall be advisory only and shall have no legal effect; and the Senate shall within ten business days reject, null and void such Tribunician Order.

6(Cool The Attorney-General, Secretary of the relevant department, and head of the relevant department shall certify that any regulation emanating pursuant to any bill or amendment, or any regulation or guideline emanating from a government department and affecting a private individual, does comply with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process.

6(9) The Tribunes, and all civil officers of the Republic, shall be removed from office on impeachment for, and conviction of, any imprisonable offence.

Section 7 - Powers of Judiciary

7(1) The judicial power shall extend: a) to all cases, including cases in what may be referred to as common law, equity and admiralty law, arising under this Constitution, the laws of the Republic, and treaties made, or which shall be made, under her authority; b) to controversies to which the Republic shall be a party; and c) between the Citizens or Permanent Residents, and foreign states, citizens or subjects.

7(2) A Commission of Inquiry may have the power to grant pardons or investigate errors of law, fact, evidence or procedure which have effected wrongful convictions.

7(3) All verdicts of a jury, excepting a trial of impeachment, shall be unanimous.

7(4) A judge, commissioner, justice of the peace, and all judicial officers of the Republic, shall be removed from office on impeachment for, and conviction of, any imprisonable offence.

Section 8 - Amendments to the Constitution

8(1) The Articles of the Bill of Rights, Articles of the bill of Due Process, and Notes to the Articles of the Bill of Rights and Bill of Due Process shall never be amended by any bill of the Senate or exercise of power by the Triumvirate.

8(2) The Senate, whenever three-quarters of Members shall deem it necessary, shall propose Amendments to the Separation of Powers, which shall be valid to all intents and purposes, as part of this Constitution, when ratified by three-quarters of registered voters in each Senate electorate within six months of the Senate first proposing.

Section 9 - Local Government

9(1) There shall be no local government.

Section 10 - Affirmation and Compensation

10(1) Before he enters on the execution of his office, a Tribune, Senator, Judge and all executive, legislative and judicial officers of the Republic shall take the following affirmation: "I do solemnly affirm that I will faithfully execute the office of [Tribune of the Triumvirate or Senator of the Senate or Judge of the Court, etc.] of the Republic and will to the best of my ability, preserve, protect and defend the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process."

10(2) All new citizens and permanent residents shall take the following affirmation: "I do solemnly affirm that I will to the best of my ability observe the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process of the Republic of New Freeland."

10(3) All jury members, including Senators sitting on a trial of impeachment, shall take the following affirmation: "I do solemnly affirm that I will to the best of my ability objectively apply the relevant law to the proven facts in the matter before the court, in the spirit of the Bill of Rights and pursuant to the procedure of the Bill of Due Process."

10(4) The Tribunes, Senators, Judges, and all senior executive, legislative and judicial officers of the Republic, shall receive an appropriate compensation for their services, to be ascertained by independent Compensation Panel, and paid out of the Treasury of the Republic.

10(5) A Tribune shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the Republic.

10(6) The Judges, Commissioners and Justices of the Peace, of the Constitutional Court and inferior courts and commissions, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

10(7) The independent Compensation Panel shall be composed of nine Members directly chosen from the people by random lot every year from the list of registered voters, and their decisions shall not be appealed.


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Both PR's remain on the front page of Scoop

Sandi's picture

Great work fella's

Inspiring stuff, fellas and fellasses!!!

Jameson's picture

Smiling

Very, very good.

Mark Hubbard's picture

 

Thanks to the writers here, SOLO is really getting some traction at Scoop (I'll make it my New Years resolution to try and write some releases over 2008).

Mitch: that is one of the best cartoons I've seen for a long time.

Bloody Excellent!

Mitch's picture

Well done boys, a fantastic achievement! Smiling

Also, the comic in the Dom Post today is titled "Siege of Helengrad". http://www.stuff.co.nz/0a17216...

As of right now this press

Lance's picture

As of right now this press release and my earlier Op-Ed are #1 and #2 most read articles on ALL of scoop.co.nz (not just the politics page). Beating out a National PR, a Korean oil spill and the Prime Ministers post cabinet press conference.

The coatesian party poopers may mock my excitement, but considering the company those articles are in it's a great achievement.

Extremely good responses to two SOLO pieces on Scoop

Lance's picture

Currently "Shut Up and You Can Have Your Free Speech" is #1 most read on the Scoop politics page, with "Bill of Rights is Dead" at #2 (and climbing)

Site Wide most read: "Shut Up and You Can Have Your Free Speech" is #2 and "Bill of Rights is Dead" is at #6

The Bill of Rights article should over take "Shut Up..." any minute now Smiling Leaving 2 SOLO pieces as the most widely read political articles and in the top 5 site wide on Scoop.co.nz.

Reminds me of a certain speech

Sandi's picture

Yes "now is the time."

Hot Damn!

Sandi's picture

Well merited Linz.

My!

Lindsay Perigo's picture

Star billing on Scoop

Perigo Gets In Early Rhetoric Bomb!

Hahahaha!

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