Wittenberg

The Ziu => The Hopper => Topic started by: Viteu on January 12, 2021, 03:16:38 PM

Title: Fifth Covenant - Inadvertent Reversion
Post by: Viteu on January 12, 2021, 03:16:38 PM
I wanted to bring the following to the Ziu’s attention.  I went to check a covenant while preparing a response to Meistra in the Legal Committee thread, and it occurred to me that we accidentally overrode a covenant when adopting the 2017 Organic Law.
 
The Fifth Covenant, pre-50RZ26 (http://wiki.talossa.com/Law:Organic_Law#Fifth_Covenant), read as follows:

Any person charged with an offence shall be presumed innocent until proven guilty, and has the right to request information on his legal rights. No accused person shall be twice put in jeopardy of life, liberty, or property for the same offence, or without due process of law; nor shall any citizen be compelled in any criminal case to bear witness against himself. Excessive fines, and cruel and bizarre punishments, shall not be inflicted.

The Due Process Amendment, 50RZ26 (http://wiki.talossa.com/Law:The_Due_Process_Amendment), modified that language to:

No person shall be deprived life, liberty, or property without due process of law, nor denied equal protection of law. Any person charged with an offense must be informed of their legal rights upon seizure by the government, and must be presumed innocent until proven guilty by a court of law. No person shall be subject to answer to the same criminal offense after the criminal charge has been properly adjudicated in a court of law, nor shall any person be compelled in any criminal case to bear witness against himself, nor shall any person be subjected to excessive fines, nor shall any person be subjected cruel and unusual punishment. The Ziu shall have the power to enforce this Covenant by appropriate legislation.

The Still Into This Amendment, 53RZ18 (http://wiki.talossa.com/53RZ18), reverted this back to the pre-Due Process Amendment language.  Hence, the old Covenant appears to have been replaced upon adoption of the 2017 Org Law, and is current recorded in same (http://wiki.talossa.com/Law:2017_Organic_Law#Article_XI:_Covenants_of_Rights_and_Freedoms).    I’m assuming this was inadvertent because Ian P. co-sponsored 50RZ26.  Hence, it appears we overlooked this and, I’d wager, it was intended for the 2017 Org Law to not change this Covenant. 

Although I encourage another to do so, I will draft a bill to fix this, which I hope should not be controversial, in a week or so.
Title: Re: Fifth Covenant - Inadvertent Reversion
Post by: Miestră Schivă, UrN on January 12, 2021, 03:56:54 PM
Man, it's embarrassing to get a reminder of how little the Ziu (me included) actually reads this stuff.  :(

Title: Re: Fifth Covenant - Inadvertent Reversion
Post by: GV on January 13, 2021, 10:43:38 AM
Man, it's embarrassing to get a reminder of how little the Ziu (me included) actually reads this stuff.  :(

I'm as guilty as anyone, I fear.
Title: Re: Fifth Covenant - Inadvertent Reversion
Post by: Viteu on February 25, 2021, 08:55:52 PM
Man, it's embarrassing to get a reminder of how little the Ziu (me included) actually reads this stuff.  :(

I'm as guilty as anyone, I fear.

I'd ask this also get clarked.
Title: Re: Fifth Covenant - Inadvertent Reversion
Post by: Miestră Schivă, UrN on February 27, 2021, 12:26:55 AM
I'm not sure I can Clark it unless you write it up in the form of a bill?
Title: Re: Fifth Covenant - Inadvertent Reversion
Post by: Dr. Txec Róibeard dal Nordselvă, Esq., O.SPM, SMM on February 27, 2021, 10:17:54 AM
Man, it's embarrassing to get a reminder of how little the Ziu (me included) actually reads this stuff.  :(

I'm as guilty as anyone, I fear.

I'd ask this also get clarked.

Is this a bill? In this threads current form I don’t see anything to Clark.
Title: Re: Fifth Covenant - Inadvertent Reversion
Post by: Viteu on March 03, 2021, 04:51:19 PM
Man, it's embarrassing to get a reminder of how little the Ziu (me included) actually reads this stuff.  :(

I'm as guilty as anyone, I fear.

I'd ask this also get clarked.

Is this a bill? In this threads current form I don’t see anything to Clark.

This is on me. I said I'd submit a bill and never got around to it. I'll throw something together
Title: Re: Fifth Covenant - Inadvertent Reversion
Post by: Miestră Schivă, UrN on March 15, 2021, 03:23:54 PM
Let me know if you get stuck and I'll try to finish it